When Should Landlords Hire an Attorney?

You may have a problem with a tenant, but you’re unsure how to resolve it effectively. You might be wondering whether to solve it by:

• Confronting the tenant on your own
• Suing your renters in court
• Calling the police (in unique circumstances)
• Letting it go and being the bigger person

Landlords who enter into a lease agreement and rent a house or apartment to a tenant may face potential legal issues and disputes. An attorney can be a true asset for landlords seeking to protect their legal rights. A seasoned lawyer can provide priceless legal aid if you:

• Need help reviewing or negotiating the terms of a lease or rental agreement
• Are facing the prospect of evicting a tenant or filing an unlawful detainer action
• Have been accused of committing a fair housing violation

While legal services might cost money, legal help pays off in the long run. Having a landlord-tenant attorney can help you get the best possible outcome. Keep reading to learn more.

How a Landlord-Tenant Attorney Can Help Property Owners

Don’t proceed without adequate legal information and advocacy if you are involved in a legal dispute with a tenant. You may be rightfully concerned about your legal rights and obligations. This can happen at any stage in the landlord-tenant relationship. You should speak with an attorney with experience in landlord-tenant law who will:

• Evaluate your case with you
• Use their legal resources to analyze the unique facts of your case
• Ensure that your legal rights are fully assessed and protected

Perhaps you need to go to court for an eviction or have questions about how to word a rental agreement properly. An attorney will take the time to explain the situation and address your concerns.

If a lawsuit becomes necessary, a lawyer can help:

• Research the law and plan a legal strategy
• Review documents, including the lease agreement
• Interview witnesses and collect records
• Confer with expert consultants
• Negotiate with tenants, tenant associations, insurers, and opposing counsel

A lawyer can do this to strengthen your position and get the best results.

Reviewing Your Lease Agreement

Rental contracts are complicated documents. Consider having a lawyer review your lease before sending it for signatures. The lease agreement will have important information about your renter’s:

• Term of tenancy
• Security deposit
• Prohibitions on certain activities on your property

Your lease contract must also follow local laws. Some cities have specific requirements about what may and may not go into the agreement.

Stay Out of Court: Negotiating Your Rental Dispute

Your tenant might have done something to upset you. Don’t react emotionally, especially if it means taking matters into your own hands. An emotional landlord might wrongfully retaliate by locking you out, preventing you from entering the rental unit. Or they might improperly deny a tenant access to water, electricity, or even the mailbox where they get their utility bills. This is illegal.

An attorney can respond calmly and level-headed to an unruly tenant. If there’s a language barrier, some lawyers can help overcome communication challenges. When you interview an attorney or law firm, ask if there are bilingual legal professionals on staff. Some attorneys may also use a translator or interpreter.

This can ease negotiations between tenants and property managers. For instance, in an eviction scenario, you should negotiate with a lawyer’s guidance rather than going to court immediately. Your lawyer might help resolve the situation amicably without involving you in litigation.

Defending Against Renters’ Rights Claims

Keep in mind that your tenant might have an attorney of their own. They may have a non-profit legal aid organization or other self-help provider offering free legal advice. As a homeowner, you might think you have the upper hand just because you own the property. But without your own lawyer, you won’t be on an even playing field.

An attorney is vital in small claims court or when you’re defending against tenant claims such as:

• Housing discrimination or other rights violations
• Habitability of your rental property
• Personal injury and insurance claims
• Rental assistance and low-income housing entitlements

Free Online Resources for Landlords: Evicting a Tenant

Before taking action, you should familiarize yourself with your state’s eviction procedures. Because eviction processes can differ greatly from state to state, you need to know your state’s landlord-tenant laws. You can usually find an outline of the procedure on the website of your:

• State consumer affairs department
• State or local housing agency
• Local landlord-tenant associations

The California courts website, for example, provides a detailed, step-by-step overview of how to evict a tenant in California. Most such resources will include self-help information about:

• Links to court forms
• Serving lawsuit papers
• What happens at trial
• What to do after the suit

Follow your state’s procedure closely. Failure to comply with all requirements can result in penalties and expose you to civil liability.

Sometimes, a legal issue is too complicated to resolve using online legal resources alone. An experienced local landlord-tenant lawyer can help you or your property manager take legal action immediately. If you’re a property owner experiencing issues with your rental unit, hiring a lawyer now can save you money later.

Low-Cost Legal Options for Landlords: Legal Aid and Free Consultations

You may have researched your state’s eviction policies but still have more questions. Common landlord and tenant issues lend themselves to legal assistance on:

• Grounds for eviction and different types of eviction notices
• Rent payments, late fees, and security deposit disputes
• Fair housing discrimination issues and tenant rights (including fair housing laws)
• Lease agreement interpretations
• Real estate laws, including state laws on tenancy that protect renters

If you can’t afford a private attorney, you may be eligible for legal aid. Clinics and other legal aid services offer free or discounted legal help to those who can’t afford to hire a legal professional.

To qualify, you’ll likely need to prove you can’t afford an attorney. Contact your state or local housing agency for legal aid services and clinics in your area specializing in landlord-tenant disputes and other housing issues.

You may want to consult with a legal professional but still worry about attorney’s fees. Finding the right lawyer can be expensive and time-consuming. You can cut costs by seeking out lawyers who offer free consultations. With a free consultation, your initial visit with an attorney is free. Of course, once you decide on a lawyer, you’ll have to pay for any subsequent visits.

Finding a Landlord-Tenant Attorney Near You

To help you resolve your landlord-tenant issues, get legal help from a lawyer. A landlord-tenant attorney can advocate for your interests and help you protect your rights as a rental property owner. They can negotiate on your behalf and, if necessary, represent you in court. Having experienced legal help on your side is your best chance at protecting your business and rental income and recovering damages.

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local laws are relevant, your attorney should be licensed in the state where the property is. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.