what type of attorney do you call about a lease on an apartment

A Landlord/Tenant Lawyer Can Help. 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 can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests.

Full Answer

When should you hire a lawyer for apartment lease issues?

Residential Lease Attorney. A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often the tenant will need to pay …

Do I need a lawyer for a landlord tenant law case?

If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord ...

Do you need a lawyer to sign a residential lease?

A Landlord/Tenant Lawyer Can Help. 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 can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests.

Who pays attorney fees in a lease or rental agreement?

You can also use Rocket Lawyer to Find a Lawyer to help you with your landlord-tenant issues. This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What are my rights as a tenant?

let the landlord know about any damage or repairs straight away. pay for their own outgoings eg, electricity, gas and internet. use the property mainly for residential purposes rather than business activities. leave the property clean, tidy, and clear of rubbish and possessions.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

What a landlord Cannot do?

According to the Fair Housing Act, landlords cannot discriminate based on nationality, gender, race, disability or family status. The Fair Housing Act also states that the landlord cannot say that an apartment is not available when it is, can't harass you and can't end a lease due to race, gender or family status.May 3, 2021

How can I get my landlord in trouble?

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.Aug 6, 2021

What is extreme emotional distress?

Emotional distress is a state of mental anguish that can take a wide variety of forms. It may result from a mental health issue or particular circumstances, such as relationship difficulties or financial strain.

Can a landlord evict you without a court order?

In most cases your landlord still has to get a court order before they can evict you and they can't apply for a court order until the notice period has run out. The court order is called a 'possession order'.

Can landlords enter your apartment without notice?

If a landlord enters your home without permission they are, technically, trespassing, unless they have a court order to allow them otherwise.Jun 27, 2019

Can a landlord evict you for no reason?

So let's start with the good news: No, a landlord cannot evict you for no reason. Eviction is a legal process, and your landlord saying they want to evict you — without a legal reason to back it up — is not going to be able to get the eviction approved in court.Mar 7, 2019

Can a landlord inspect your bedroom?

You must allow your landlord to inspect your place as thoroughly as he/she wants to. If you refuse to allow them into part of the residence, it raises suspicion. Generally the person doing the inspection will walk into a room and glance around, looking for obvious damage, of course.

How do you deal with tenant harassment?

Write a letter to your landlord asking for the Harassment to stop. Send the letter with proof of mailing and keep a copy of the letter. If you are a victim of “sex for rent” then you should immediately report the matter to the police or the local authority.Jun 3, 2021

What happens if you dont pay rent?

If you have rent arrears, your landlord may try and evict you. This is called seeking possession. To do this, in most cases they will need to follow a procedure which involves getting a court order. They can't make you leave your home without going to court first.

How long does a landlord have to reply?

the landlord should aim to communicate its decision within 21 days of receiving the tenant's application; and.Jan 9, 2019

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...

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 to do if landlord evicts you?

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 hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

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 you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

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 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 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.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

What is a broken lease?

Breaking a Lease. A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, ...

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What does a tenant attorney do?

A tenant attorney will help resolve any dispute between you and your landlord by interpreting the lease agreement and either representing you in a lawsuit or advising you on your next steps. If your tenant attorney is only reviewing your lease, you can expect to feel comfortable that the agreement between you and your landlord is legally binding ...

Can a landlord sue you for a security deposit?

Your landlord is suing you. Some security deposit disputes can be handled on your own in small claims court, but if you're confused about the process, you may want to consult with a tenant attorney to help guide you through the steps.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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.

What should landlords consider when signing a lease?

Landlords and tenants should consider their rights and responsibilities when creating or signing onto a lease, as well as laws, regulations, and issues related to renting and leasing an apartment.

What is a lease agreement?

A lease is a good option for tenants and landlords seeking stability in a tenancy. The written agreement between the tenant and the landlord should contain all of the rules that will apply to the tenancy.

How to pay rent in a rental?

A landlord may only ask for the following payments up front: 1 The first month’s rent 2 A security deposit (which can not be more than one month's rent) to cover the cost of any damage to the apartment beyond normal wear and tear 3 The last month's rent (the month that will turn out to be the tenant’s last one in the apartment, not necessarily the last month on the lease) 4 The cost of a new lock and key for the apartment

What is included in a receipt?

The receipt must include the amount paid and the date the payment was made, and a description of what the payment was for. The receipt should also include the landlord’s name, the tenant’s name, and the name of the person to whom the payment was given.

How long does a tenant have to return a security deposit?

When the tenancy ends, the landlord must return the security deposit, plus interest, within 30 days.

What does "habitable" mean in the Sanitary Code?

In general, “habitable” means a place that is comfortable and clean enough for a person to live safely.

What is the eviction process?

The eviction process. The formal eviction process is called Summary Process and starts when the landlord files a complaint in court. During the eviction process the tenant will have the right to raise defenses to the eviction itself and present counterclaims for monetary damages.

What are the responsibilities of a tenant?

Some agreements go further and spell out specific tenant responsibilities, such as fixing clogged drains or broken windows . Many leases and rental agreements also tell tenants what they can't do in the way of repairs—such as painting walls or adding built-in bookshelves without the landlord's permission.

What is included in a lease agreement?

Your lease or rental agreement may also include details on any furnishings, parking space, storage areas, or other extras that come with the rental property. Term of the tenancy. The term is the length of the rental. The document should include the beginning date and whether it's a month-to-month tenancy or a lease.

How long is a lease term?

If it's a lease, the ending date should also be specified. Leases often have a term of one year. The term of the tenancy is usually the primary difference beween a lease and a rental agreement, and the choice is typically the landlord's. Rent.

What is a lease clause?

Most leases and rental agreements include a clause in which the tenant agrees that the premises are in habitable (livable) condition and promises to alert the landlord to any defective or dangerous condition. Tenant's repair and maintenance responsibilities.

Can a landlord enter a rented property?

Many state access laws specify when landlords may legally enter rented premises —for example, to deal with an emergency or make repairs—and the amount of notice required. Some landlords include this information in the lease or rental agreement. Others are ignorant of these laws and write entry provisions that are illegal.