what typeof attorney to handle rental property

When should a landlord hire an attorney?

When Should a Landlord Hire a Lawyer?

• When You’re Evicting a Tenant. Eviction is a nuclear option. ...
• When You’re Being Investigated or Sued for Housing Discrimination. The penalties for engaging in illegal housing discrimination are steep. ...
• Premises Liability Lawsuits. ...
• The Bottom Line. ...

Do you need landlord insurance for a rental property?

Landlord insurance is a type of homeowner insurance that's designed for rental properties, so you shouldn't need to have landlord insurance and separate homeowner insurance. Your landlord insurance policy can cover your buildings and contents in case of damage by something like fire or flood.

How to find tenants for your rental properties?

How to Find Renters

1. Hire a property manager. An experienced property manager or rental agent knows how to find a renter fast. ...
2. Advertise your property for rent. When you’re figuring out where to find renters, first identify where renters are searching. ...
3. Use a property management tool. ...
4. Host a rental open house. ...
5. Ask each renter pre-screening questions. ...

More items...

Do I need a landlord/tenant attorney?

While landlord-tenant conflicts can be settled without an attorney, hiring a lawyer for landlord-tenant disputes may be necessary if you're unfamiliar with the laws, paperwork, or process required to settle a dispute. Whether you're a landlord or a tenant, find out what to consider when hiring a landlord-tenant lawyer.

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.

What Are Renters Rights in Texas?

According to the Texas Attorney General, Texas tenants are entitled to the following rights: The right to "quiet enjoyment" of your home. 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.

How do I sue my landlord in Texas?

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.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What your landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

Where can I file a complaint against my landlord?

This varies from state to state, but in general, check with the county courthouse to locate the office in charge of code enforcement. In some states, complaints go to the state attorney general's office, department of consumer affairs or another agency with your local government.

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.

Can I sue my landlord for emotional distress in Texas?

Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.

Can I refuse to pay rent if there is mold?

A minor mold issue won't provide tenants with ample legal justification to stop paying rent.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

How much does it cost to hire a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

What is difference between lawyer and advocate?

A lawyer is a general term used to describe a legal professional who has attended law school and obtained a Bachelor of Law (LLB) degree. An advocate is a specialist in law and can represent clients in court.

What is a landlord tenant attorney?

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

What to do if landlord tenant attorney is not doing the job you expect?

If your landlord tenant attorney is not doing the kind of job you expect, don’t hesitate to seek out another one that may be a better fit. Whether the attorney is too hard to get ahold of or your personalities just don’t mesh, don’t get stuck with someone who is not meeting your needs one way or another.

Should I use an attorney to write a lease agreement?

It’s a wise idea to use an attorney to write your lease agreement so that it covers all your rights and stays compliant with local, state and federal law. Rather than download a generic lease agreement from the internet, work with the attorney to draft an agreement that specifically reflects your property and your expectations from a tenant.

Should landlords consult with an attorney?

Landlords should also consult with an attorney if they are ever being investigated for illegal discrimination, evicting a tenant, sued for injury, sued for damage to property, audited by the IRS, fighting slander or libel or anytime you are going to court (such as small claims court). While some landlords do navigate successfully through these legal issues, having a knowledgeable attorney by your side can prevent you from making mistakes that lead to more serious issues.

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 recommend a real estate attorney?

Friends, family members, realtors, and bankers can recommend real estate attorneys in your area. Even with recommendations, make sure that you research the lawyer and read reviews. You want to choose an attorney with experience in the specific real estate matter.

What is the role of an attorney in real estate negotiations?

An attorney performs due diligence to protect the client’s best interest while giving the client legal advice regarding the real estate matter.

Why is it important to have an attorney review a real estate contract?

It is important to have an attorney review a real estate agreement before signing the contract. Breaching a contract (failing to perform the terms and conditions within the contract) can result in costly real estate litigation and damages.

What are the elements of a real estate contract?

The basic elements of contracts include an offer, acceptance, consideration, mutual assent, capacity, and legality.

What happens if a real estate contract is not drafted correctly?

However, if a real estate contract is not drafted correctly, the parties could incur substantial costs and time attempting to enforce the terms of the contract. Real estate lawyers have extensive experience drafting and reviewing real estate contracts.

What is the job of an attorney?

An attorney’s job is to protect his or her client’s best interest. The attorney cannot do that when the attorney represents parties that have adverse concerns. Throughout a real estate transaction, the attorney provides sound legal counsel to his or her client.

Can real estate disputes be settled?

Those issues are generally negotiated and settled without litigation. However, some disputes cannot be settled through negotiation. Real estate attorneys who handle litigation matters are experienced trial lawyers who understand real estate law, in addition to contract law and trial procedures.

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 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.

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

What is housing law?

The term "housing" refers to arrangements regarding one’s living and residential status. It often refers to buildings that house multiple families, such as apartment complexes or other locations. Housing attorneys represent clients in matters related to residential property, especially those involving leases and rental agreements.

What are the issues that arise in housing disputes?

Most housing disputes revolve around major issues such as housing discrimination and equal opportunity housing. These may often require the assistance of an attorney, especially if federal or state violations are in question.

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.

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 is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).

Why do people rent out properties?

While there are some landlords out there who make a career out of being a landlord, most folks who rent out properties do so because it’s a lucrative form of investment. They own one or a few rental properties and are largely self-educated when it comes to the legal side of the business. In other words, they don’t necessarily keep ...

Is it cost effective to hire an attorney?

It wouldn’t necessarily be cost-effective to do so. For those landlords, the question of hiring an attorney is always one of cost versus benefit. Attorneys are expensive, but in certain instances, they can save you thousands of dollars and expedite unpleasant processes.

Can a landlord sue for property damage?

Property Damage Lawsuits. If a landlord’s failure to maintain his property results in damage to the tenant’s property, the tenant has a right to sue the landlord for damages . Some landlords require that their tenants carry renters insurance which may cover property damage to tenant’s belongings done on the premises.

Can landlords be held liable for personal injury?

Only if the landlord fails to respond could they then be held liable for injuries that occur on their premises. Nonetheless, personal injury lawsuits are complex issues and having a lawyer handle them for you will produce the best results.

Can a landlord be sued?

There are a number of reasons that a landlord can be sued, but one of the most common is a failure to maintain a safe and healthy residence. Tenants can bring premises liability lawsuits if they result in personal injury.

Do landlords need a lawyer for eviction?

In addition, there are some complex evictions in which even experienced landlords would want to have a lawyer help them. Those include: The tenant has a lawyer and is fighting the eviction. The tenant is filing for bankruptcy. The tenant is involved with a state sponsored-housing program.

Can a landlord evict a tenant?

While eviction lawsuits are expedited, the rules governing eviction lawsuits are strict. Landlords who have experienced an evi ction in the past have a better chance of successfully evicting a tenant. Still, unless you’re a lawyer, there are always going to be unforeseen wrenches thrown into the works. Even if you are a lawyer there may be ...