Get Legal Help for a Dispute With Your Tenant

By Robert Rafii, Esq. | Legally reviewed by Robert Rafii, Esq. | Last reviewed June 04, 2024

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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

Some potential legal issues and disputes can arise for landlords who enter into a lease agreement and rent a house or apartment to a tenant. The help of 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:

  1. Need help reviewing or negotiating the terms of a lease or rental agreement
  2. Are facing the prospect of evicting a tenant or filing an unlawful detainer action, or
  3. 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.

How a Landlord-Tenant Attorney Can Help

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:

  1. Research the law and plan a legal strategy
  2. Review documents, including the lease agreement
  3. Interview witnesses and collect records
  4. Confer with expert consultants
  5. 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. You should consider reviewing your lease with a lawyer 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 will also need to follow local laws. Some cities have specific requirements about what may and may not go into the agreement.

Negotiating to Keep You Out of Court

Your tenant might have done something to upset you. Do not react emotionally, especially if it means you'll be taking matters into your own hands. An emotional landlord might wrongfully retaliate with a lockout, preventing the renter from entry into the rental unit. Or they might think about improperly denying a tenant access to water, electricity, or even the mailbox where they get their utility bills. This is illegal.

An attorney can provide a calm and level-headed response to your unruly tenant. If there's a language barrier, a knowledgeable lawyer can overcome challenges. Many attorneys can speak English and Spanish, helping to 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. Perhaps they have a non-profit legal aid organization or other self-help provider giving free legal advice. As a homeowner, you might think you have the upper hand just because you own the property. But you won't be on an even playing field without your own lawyer.

An attorney is vital when you're defending against tenant claims such as:

Finding a Landlord-Tenant Attorney

To help you resolve your landlord-tenant issues, get legal help from a lawyer. A landlord-tenant attorney can advocate for your interests so you can protect your rights to your rental property. To find a lawyer to help with your tenants' rights issue, you can also use the FindLaw Lawyer Directory for low-cost lawhelp options.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Many real estate processes can be handled on your own or with the help of a realtor
  • Some tenant or neighbor disputes may need the help of local police
  • Complex real estate issues (such as construction defects or illegal landlord actions) may need the support of an attorney

Buying or selling a home, facing foreclosure, or mortgage loan issues can benefit from legal expertise. An attorney can offer tailored advice and help prevent common mistakes.

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