what kind of attorney do i need regarding rental property

Do you need a landlord/tenant lawyer?

How to Get a Lawyer's Help. If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find an Excellent Lawyer" or go straight to Nolo's Lawyer Directory. Hire a lawyer as …

What does a lawyer do for rental property owners?

Why hire a Landlord or tenant attorney. Landlord tenant law concerns landlord and tenants' rights and responsibilities. Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, or ignores a rat infestation in your apartment, a landlord / tenant …

Should I hire a lawyer to represent me in a lease?

Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. A landlord/tenant attorney in Texas can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests.

What does a lawyer specialize in real estate?

May 06, 2020 · A local real estate attorney can talk through the situation with you, research the public records regarding the property, and give you the best advice on how this affects your property and the best way to move forward. In some situations, your attorney can also represent you in court (if needed), work with you to clear any clouds on title, and help you to clear any …

Who is responsible for rental property?

LandlordsLandlords are responsible for ensuring that a rental property is habitable.Mar 15, 2018

Where can I file a complaint against my landlord in Texas?

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.Mar 25, 2022

What a landlord Cannot do in Texas?

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.Aug 21, 2015

How do I sue my landlord in Texas?

What Court Do I File In? If your claim is for $10,000 or less against your Landlord then you file your lawsuit in Justice Court in the county where you live in the rented property. If your claim is more than $10,000 then you file in a County or District Court.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

What is the purpose of monetary damages in a partition?

Monetary damages are intended to cover any losses you may incur as part of the property dispute.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What does a lawyer do in real estate?

Lawyers who specialize in real estate ensure that proper procedures are followed during the acquisition or sale of property. They also may be concerned with how a property is zoned for usage. Real estate law covers deeds, property taxes, estate planning, zoning, and titles.

What is closing on a property?

Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client. During the purchase of a property, the real estate attorney and staff might prepare documents, write title insurance policies, complete title searches on the property, ...

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Which states do not require real estate lawyers?

Four states—Illinois, New Jersey, New York, and Ohio— do not require real estate lawyers, however they are typically involved in transactions according to local custom and practice. 1. If you don't live in one of these states, it's up to you whether you want to hire an attorney.

What is vacation rental?

What Are Vacation Rental Homes? Vacation rental homes are properties that can be rented out during vacation seasons or for specific vacation purposes. These are often located in towns or cities that are associated with vacation and tourism, such as Miami, Las Vegas, Honolulu, and other similar destinations.

What are some common vacation home disputes?

For property owners, some common vacation home rental disputes include: Issues with the purchase or sale of a rental property . Conflicts over the rental payments by the patrons. Failure to properly maintain the safety and cleanliness requirements for the property, since the land owner is often not present on the property at all times during ...

What happens if you dispute a vacation property?

Disputes over a vacation property can result in a lawsuit. These legal claims often result in a damages award for the non-breaching party. For instance, the court may award damages for a breach of contract, failure to pay fees, property damage, or other issues.

What is illegal conduct?

Illegal or unsafe conduct being allowed on the property, such as excessive noise violations or drug-related crimes. Destruction of property by vacationers. Issues regarding title, boundaries, and land use/zoning. Disputes or questions regarding the home mortgage or home loan.

Can I hire a lawyer for a vacation home?

Also, laws regarding rental properties can vary from state to state. You may wish to hire a landlord tenant lawyer in your area if you need help with any type of vacation home dispute. Your attorney can provide you with legal advice and representation if you need to file a legal claim with the court.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Can vacation rentals be subject to legal disputes?

Thus, vacation rental homes can actually be subject to a wide range of legal disputes, despite the fact that they might not be occupied for the entire year. However, the more the home is used, the greater chance there is that a legal dispute might arise.

What is included in rental income?

Property or services received, instead of money, as rent, must be included as the fair market value of the property or services in your rental income. For example, your tenant is a painter and offers to paint your rental property instead of paying rent for two months. If you accept the offer, include in your rental income the amount ...

What is rental income?

Rental income is any payment you receive for the use or occupation of property. You must report rental income for all your properties. In addition to amounts you receive as normal rent payments, there are other amounts that may be rental income and must be reported on your tax return. Advance rent is any amount you receive before the period ...

How to recover cost of improvements?

The cost of improvements is recovered through depreciation. You can recover some or all of your improvements by using Form 4562 to report depreciation beginning in the year your rental property is first placed in service, and beginning in any year you make an improvement or add furnishings.

What expenses can you deduct on your taxes?

These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs . You can deduct the ordinary and necessary expenses for managing, conserving and maintaining your rental ...

What happens if you accept an option to buy?

If you accept the offer, include in your rental income the amount the tenant would have paid for two months worth of rent. Lease with option to buy occurs if the rental agreement gives your tenant the rights to buy your rental property. The payments you receive under the agreement are generally rental income.

What happens when you cancel a lease?

Payment for canceling a lease occurs if your tenant pays you to cancel a lease. The amount you receive is rent. Include the payment in your income in the year you receive it regardless of your method of accounting. Expenses paid by tenant occur if your tenant pays any of your expenses.

Why is it important to keep good records?

Good records will help you monitor the progress of your rental property, prepare your financial statements, identify the source of receipts, keep track of deductible expenses, prepare your tax returns and support items reported on tax returns. Maintain good records relating to your rental activities, including the rental income and ...