Tenant Lawyer: Tenant lawyers represent tenants in legal issues pertaining to their tenancy to resolve any disputes that may arise. Tenant lawyers are responsible for protecting tenants’ rights and ensuring their rights are treated fairly under the law, which can include anything from negotiating a lease agreement to fighting an eviction.
Tenant lawyer’s role
Tenant lawyers represent tenants and offer legal guidance and support in various aspects of their tenancy. Below are some of the primary areas in which they can assist:
- A tenant lawyer can act on behalf of the tenant and scrutinize lease agreements. They can explain lease conditions to the tenant and ensure they are fair and reasonable.
- If a tenant experiences a rent hike or suspects their rent is excessive, a tenant lawyer can help them negotiate with their landlord.
- Tenant lawyers can explain tenants’ rights and represent them in court during eviction proceedings. They can also help tenants negotiate with their landlords to prevent eviction.
- In order to enforce their right to live in a safe and habitable property, tenants can hire a tenant lawyer to force landlords to maintain the property to a satisfactory standard.
- Discrimination: A tenant lawyer can represent tenants who have been discriminated against or harassed based on their gender, religion, race, or other legally protected characteristics.
- A tenant lawyer can help tenants understand their rights regarding security deposits and assist them in obtaining their deposit back at the end of their lease.
Tenant lawyers provide legal assistance
- Tenant lawyers can assist clients with legal issues related to real estate, tenancy rights, and similar cases.
- In the case of tenants moving into a new property, clarifying unclear rental or lease agreements is important.
- Responding to tenant complaints or grievances that have been ignored by landlords.
- Infringing on a tenant’s right to privacy by a landlord.
- Keeping landlords from evicting tenants without proper notice.
- Helping tenants who don’t believe they have to pay rent or lease.
- Resolving security deposit disputes between tenants and landlords.
- Representing tenants who have been sued by their landlords.
When Tenant Lawyers need to be hired?
Many issues tenants face are minor and can be easily resolved by following common sense and checking reputable resources on landlord-tenant law, such as a local tenants’ rights group. The more you know about 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; even if you don’t qualify for legal aid services, you will find useful information on tenant rights on many legal aid websites. The Nolo website includes many useful articles and books on tenant rights, from breaking a lease to mold in rentals, as well as small claims court (should your dispute involve a security deposit).
There are, however, some issues that are difficult to resolve and can seriously threaten your enjoyment of the rental – or worse, your ability to stay in it.
- Consider hiring a tenant lawyer if you find yourself in one of the following situations.
- You are being evicted by your landlord
- If your landlord serves you with a termination notice, hiring a lawyer can increase your chance of success. A lawyer could argue that your eviction was retaliatory, if the circumstances support such a defense.
- Consult a Landlord-Tenant Attorney if you need help.
- To help us match you with attorneys in your area, please answer a few questions.
- The landlord is evicting you without following proper court procedures
Eviction procedures must be followed by landlords under state and local law. Consider hiring a lawyer if your landlord is attempting to evict you by locking you out, canceling your utilities, or even removing your doors, windows, or possessions. Self-help remedies like these are illegal. No matter how strong a landlord’s case for ending a tenancy is, a landlord has no legal right to threaten you with self-help actions.
Discrimination by your landlord
You may need a lawyer if you believe your landlord is discriminating against you. Another option is to sue the landlord in court in order to recover damages.You can also file a fair housing complaint with the Department of Housing and Urban Development (HUD) or with a state or local agency in HUD’s Fair Housing Assistance Program (FHAP).
In FHAP, HUD and state and local agencies receive more than 10,000 discrimination complaints each year. If HUD investigates your complaint and determines there is reasonable cause to believe your landlord has been discriminating, you will have the benefit of having a HUD lawyer represent you at no charge in front of an administrative law judge. Compensation and attorneys’ fees can be awarded by the judge, penalties can be imposed against your landlord, and other relief can be ordered.
Repairs aren’t being made by your landlord
You may experience major problems if your landlord does not fulfill important obligations under your lease or the law. Think about the landlord who ignores a tenant’s request to fix a broken window until a burglary occurs, or the landlord who keeps putting off needed heating system repairs until winter is well underway.
In these cases, you might decide to implement one of your state’s tenant remedies on your own (such as rent withholding or “repair and deduct”), but you might need some guidance on how to do it right. A lawyer may be the best option for you, as well as helping you communicate with the landlord, explore the possibility of a quick settlement, and even sue your landlord if necessary.
Promises from your landlord aren’t being kept
If you’re hesitant to rent from a landlord because of concerns about the neighborhood crime rate, a landlord might promise to install an electronic gated parking lot or an intercom system that is more effective at deterring crime. If the landlord later refuses to honor this 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.
You’ve been injured or ill
Although it is possible to have an accident at a well-run rental property, if it is caused by your landlord’s carelessness, you might be liable for any injuries. For example, you could slip on an icy patch on the steps of your building and break your leg. You might discover an outbreak of mold in your rental after it has made you and your family very ill, or the landlord could have arranged regular de-icing to remove the danger.
You will need a premises liability lawyer in this case.
It is possible to convince a court or insurance adjustor that your landlord should be held responsible even if the problem was not the landlord’s fault. The skill of lawyers is to identify which theories might apply and to craft arguments based on them.
There has been damage to your property
Your personal property can be damaged by a landlord’s failure to maintain the rental property. For example, faulty wiring repair can cause a fire in your living room, damaging your furniture.
If you have renter’s insurance, your insurance company will cover the loss, and its lawyers will ask your landlord for reimbursement. Consider hiring a lawyer if the damage to your property is significant and you do not have insurance or have inadequate coverage. To get advice on how to proceed and what arguments to make to get reimbursed, you could consult a lawyer for an hour or two.
A Lawyer’s Help: How to Find One
For help finding an excellent lawyer, read the article “How to Find an Excellent Lawyer” or visit Nolo’s Lawyer Directory. Hiring a lawyer doesn’t have to break the bank if you hire him as a “coach.” Depending on your needs, your budget, and your confidence in your abilities to handle a matter on your own, you might find a lawyer who will agree to meet with you for an hour here and there as a coach. You might be able to steer your way toward a favorable outcome with even limited legal assistance.
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. Be aware that the clause likely applies only to disputes arising out of the lease or rental agreement (such as evictions, rents, and security deposit issues)—not to disputes involving personal injury, discrimination, or other such matters.