Attorneys and Landlord-Tenant Law

Landlord-tenant laws balance each party’s obligations while protecting tenants from unlawful treatment and ensuring landlords can enforce legitimate lease terms.

State laws protecting landlords and tenants sometimes conflict with city, county, or federal laws. When property owners and renters have disputes over who owes what to whom, they may need help from a landlord-tenant attorney before a problem becomes an eviction or worse.

This article explains landlord-tenant law and how its legal protections apply to both property owners and renters. You’ll also learn about the role of tenant-landlord attorneys and how to find legal help in your area.

What Does Landlord-Tenant Law Cover?

Landlord-tenant law is the body of legislation and rights that covers the leasing and renting of all properties. It includes:

• Rental agreements
• Warranties of habitability
• Tenant rights
• The eviction process
• And more

Landlord-tenant law, or LLT, also includes civil rights and criminal law. The Fair Housing Act (FHA) prohibits housing discrimination based on race, religion, national origin, gender, family status, or disability. Some states allow landlords to evict tenants engaged in certain criminal activities, such as drug sales or prostitution.

Landlord-tenant attorneys can help both parties understand their legal options and negotiate disputes over a range of issues. They help property owners and renters alike find practical solutions that ideally avoid eviction or further legal action.

Landlord Rights and Responsibilities

A landlord’s responsibilities begin with the lease agreement. The lease is the agreement between the landlord and the tenants. It contains everything the landlord must do and everything the tenants can and cannot do during the tenancy period.

Each state, and sometimes each county or city, has different requirements for lease agreements. For instance, California has a standard lease agreement, but the City of Los Angeles has different rent and eviction laws. If you’re considering leasing a property, it’s wise to consult an attorney to ensure you’re using the correct agreement form. This can help you avoid legal issues later.

Landlords must provide a habitable residence when the tenants move in. Each state has its own standards for what constitutes habitable. For instance, Florida requires tenants to turn on the electricity themselves, but landlords may not allow the tenants to move in until the power is on.

Most landlords depend on a property manager to handle repairs and maintenance. Your lease agreement should state exactly:

• What repairs the landlord handles
• How long it will take to complete repairs
• Whom the tenant should contact for routine and emergency repairs

One of the biggest causes of legal issues among tenants and landlords is arguments over household repairs.

Tenant Rights and Responsibilities

Tenants are responsible for paying rent on time and not damaging the rental property beyond normal wear and tear. If renters do these things, the law protects their rights against almost anything the landlord does. But some tenants are not able to complete these basic duties.

A lease agreement is a legal document. Tenants should obtain legal advice before signing, no matter how straightforward it seems. Failing to obey the terms can lead to eviction.

Tenants should confirm important lease details before signing:

• Security deposit: Some tenants believe they can use a security deposit as the last month’s rent. This is not true unless the lease says so. Be sure your lease says how you will pay the last month’s rent.
• Repairs and maintenance: The lease should say what the landlord will fix and what you will fix. If the property manager is fixing things in the unit, there should be regular and emergency numbers.
• Restrictions: If the lease specifies no pets, that means no pets. If it says no smoking in the unit, it means no smoking. If the lease says rent is due on the first with no exceptions, it is due on the first.
• Signatures and Safety: Be sure you receive a copy of the entire lease, with signatures, and all additional pages and waivers. Most states’ real estate laws require a lead paint page that advises if the building was formerly painted with lead paint. If the building had mold abatement or other toxic material abatement, you must receive copies of these documents. The lease is incomplete unless you have all these documents, with all signatures.

The Eviction Process

All the documentation and paperwork matter because of the eviction process. State laws describe the procedure for evicting a tenant, but it is similar in most states. A landlord may not evict a tenant for no reason or because they want to raise the rent and have found another tenant at a higher rate. A landlord may only evict a tenant for legitimate tenant issues like:

• Non-payment of rent
• Violation of the lease terms
• In some cases, violations of the law

A landlord must give the tenant sufficient notice of intent to evict, and an opportunity to correct the violation, called a “cure or quit” notice. If the tenant has failed to pay rent on time, the landlord must give the tenant three days to pay the back rent before the formal eviction process can begin. If the tenant has violated the lease, they must have an opportunity to fix the problem.

If the tenant does not correct the problem, the landlord can file a complaint and begin the eviction. The tenant has the right to file a response and explain the reason for their alleged violation. Many of these claims do not require an attorney and end up in small claims court.

Repair and Deduct: A Misunderstood Strategy

A common but incorrect belief is that if a landlord won’t fix a problem in their unit, the tenant can fix it themselves and deduct the repair cost from their rent. Unfortunately, that is not what repair and deduct actually means. Repair and deduct is a legitimate means of tenant self-help, but it is not that simple.

If the landlord or property manager has not fixed an issue in a rental property, the tenant can give written notice that, if the issue is not fixed within a statutory period, usually 30 days, the tenant will make the repairs and deduct the cost from the following month’s rent. The tenant must give written notice and allow the full time to elapse before beginning repairs. The deducted rent must include all receipts and invoices for the repairs.

If you plan to repair and deduct, consult an attorney to ensure you’ve done it correctly.

Do I Need a Landlord-Tenant Lawyer?

Whether you are a landlord or a tenant, if you need legal services for your rental property case, you should search carefully for an attorney with experience in the field.

Because landlord-tenant law covers so many legal matters, attorneys tend to focus on one practice area within the law, either landlord or tenant. When you ask for representation, you will need to tell the lawyer whether you are a tenant or a property owner. Most experienced attorneys will be able to give you a referral to the other side if you need one.

Some landlord-tenant attorneys do not handle rental litigation. Instead, they handle landlord or tenant legal rights regarding:

• Rent control
• Zoning ordinances
• Injury claims relating to renter’s insurance
• Other similar areas

How To Find a Lawyer To Help With Your Landlord-Tenant Issue

Because state and local laws are relevant, your attorney should be licensed in your state and familiar with local rental ordinances. FindLaw’s directory of landlord-tenant attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Many law offices offer free case evaluations.