What is a Landlord Tenant Lawyer?
Landlord-Tenant law is a segment of Real Estate Law. A Landlord Tenant Lawyer deals specifically with Real Estate law as it applies to the Landlord and Tenant relationship and may on behalf of either party, the Landlord or the Tenant.
Most Landlord and Tennant lawsuits will be civil law cases involving state laws, and Landlord-Tenant Lawyers must be familiar with the laws of the state that they are licensed to practice.
For example, a Landlord Tenant Lawyer in Worchester must be familiar with the specific Landlord-Tenant laws as they apply to the state of Massachusetts.
Areas of Specialization for Landlord Tenant Lawyers
Typically, Landlord Tenant Lawyers will specialize in the following legal areas:
Drafting a lease agreement – Lease Abandonment – Early Termination of Lease – Oral Lease
The most common action performed by a Landlord Tennant Lawyer is the drafting of a lease agreement. Typically, lease drafting will include providing a clear outline of the agreement, determining provisions, Landlord Disclosures, constructing Lease Clauses, explaining the legal rights and responsibilities of both parties, and writing in the Governing Laws.
A Landlord Tenant Attorney may also represent a landlord in cases of Lease Abandonment or advise landlords or tenants regarding the Early Lease Termination. Lastly, a Landlord Tenant Attorney may advise or represent a landlord or tenant in Oral Lease disputes.
Evictions and Unlawful Detainers
An Unlawful Detainer is a legal process engaged by a Landlord Tenant Lawyer when asking the court to restore the landlords’ possessory rights to a rental unit. An Unlawful Detainer is a legal process whereby a landlord can regain possession of a rental unit.
The Unlawful Detainer is the same process as an Eviction Lawsuit, and it is a precursor to the actual eviction. The Unlawful Detainer establishes the legal right to evict, therefore, must precede the actual eviction.
Security Deposits
Another area of dispute a Landlord-Tenant Lawyer is often involved in is Security Deposits.
A Security Deposit is an agreed amount of money paid by the tenant and used by the landlord to pay for any property damage caused by the tenant.
Security Deposits are refundable and legal disputes will most often be about the amount refunded.
Housing Discrimination
Housing discrimination is the act of a landlord or seller discriminating against a buyer or renter based on race, religion, color, persons’ origin, sex, family status, or disability.
If there is sufficient evidence of Housing Discrimination a lawsuit may be pursued by a Landlord Tennant Lawyer.
Rent Control
Rent Control is an official government program that places a ceiling, or a limit, on the amount a landlord can charge for rent. Rent Control laws are designed to keep the rent prices lower and be affordable for lower-income renters.
Rent control laws are enacted by municipalities and can vary widely. For this reason, a tenant residing in Worchester, Massachusetts (and suing for breaking rent control laws) will use a Worchester Landlord Tenant Lawyer.
Known criminal activity occurring in a rental
A landlord is expected to reduce the chances of criminal activity occurring by providing reasonable safety measures. If adequate measures to prevent criminal activity are not provided, the landlord can be held legally responsible.
If there is clear evidence of a tenant committing illegal activity upon the rented premises, the landlord has the right to pursue eviction.
Subletting
Subletting is an action where an existing tenant rents out all or part of a structure that he or she is already renting.
Landlords will consult a Landlord Tenant Lawyer to draft a subletting agreement and pursue legal action against a tenant engaging in subletting illegally. Alternatively, an attorney may advise or represent a tenant in a subletting dispute.
How to deal with a Difficult Landlord
There are many ways for a tenant to effectively deal with a Difficult Landlord and these include knowing your legal rights as a tenant by conducting basic online research, review the Lease agreement, make requests in writing, take photographs or record video footage, and maintain records.
How to deal with a Difficult Tenant.
There are many ways tenants can prove problematic for landlords including, damaging rental property, failing to pay the rent on time, or not paying at all. Tenants can also engage in illegal activities on the leased property, perpetually complain, have guests for extended periods, and sublet illegally.
There are a wide range of options open to the Landlord when dealing with a difficult tenant. These include ensuring the lease is well written and clearly spells out the terms and conditions, perform a detailed inspection prior to the tenant occupying the residence, conduct routine inspections during the lease period and prescreen rental applicants maintain accurate written records of Lease infringements.
Following these steps will certainly help the Landlord Tenant Lawyer give accurate advice, prepare documentation or represent a tenant or a landlord in legal proceedings.
