Landlord tenant lawyers are experienced in the vast nuances that accompany the delicate balance in the relationship between Landlord tenant. Attorneys that specialize in this particular aspect of the law will be your best asset from beginning to end. Where can I find a lawyer? Landlord tenant law varies from state to state so the best place to begin your search is with your State Bar Association. A Landlord tenant attorney can be found through this website and through other resources made available here. Information on this law has also been included for your benefit.
Landlord and Tenant Evictions
An eviction is a legal process to remove someone from residential or commercial property. In most situations an eviction requires the involvement of the courts. If a landlord wishes to evict a tenant, she must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. Some common types of eviction notices are:
· A Pay or Quit- A pay or quit notice is used where the tenant
has not paid rent. The landlord then warns the tenant that if he does
not pay, he will be required to leave.
· A Cure or Quit - A cure or quit notice is used where the tenant
has violated another term of the lease. The landlord warns the tenant
that if he does not fix the violation, he will be required to leave.
· A Unconditional Quit - A tenant is ordered to move out within
a certain period of time under the unconditional quit notice. The tenant
is not offered the opportunity to fix any problems.
· Self Help Evictions- Regardless of why the landlord wants the
tenant to leave, under most state laws, the landlord cannot physically
throw the tenant out. The landlord is also prohibited from changing
the locks while the tenant is out or other activities that will prevent
the tenant from physically possessing the premises.
· Unlawful detainer- If a tenant will not leave the premises
willingly, the landlord must go to court and file an unlawful detainer
lawsuit. An unlawful detainer lawsuit is a speedy action and will determine
whether the tenant is required to vacate the premises.
Tenant Selection
Many evictions can be prevented by selecting the right tenant from
the start. Asking the tenant the right questions can help the landlord
make an informed choice. Legally, a landlord may inquire about a tenant's:
· Past credit and bank accounts
· Previous landlords and ask for references
· Past criminal history
· Length of time the tenant wishes to stay
Discrimination Law - There are some questions that are not permitted under the Fair Housing Act, and a landlord cannot base her decision on certain characteristics protected by the statute. For more information see Housing Discrimination.
Residential leases
A lease or rental agreement is a contract that sets the terms of the
relationship between the landlord and tenant. These agreements vary
in terms and time commitments. Some common types of leases are:
· A term of years - A term of years is where a landlord and tenant
agree to a specific length of time for the tenant to live in the unit
and for the landlord to perform duties as a landlord. At the end of
the term of years, the tenant generally must vacate the premises.
· A periodic tenancy - Most commonly, a periodic tenancy is a
month-to-month agreement. In the periodic tenancy, the terms of the
agreement automatically renew at the end of each period unless either
the landlord or tenant gives notice of termination.
Duties of the Landlord - Repairs and Maintenance
Generally, a landlord is required to keep the unit habitable for the tenant. A landlord is also generally liable for any repairs she agreed to under the terms of the lease, or verbally, or any repairs she undertook during the tenancy. A landlord must also maintain the premises so they comply with building code regulations.
Local Rent Control Ordinances
Normally, a landlord can increase the amount of rent by any amount they wish. Many metropolitan areas, however, have enacted local rent control ordinances which place a limit on the amount a landlord can increase the rent. The rent control ordinances also limit the reasons for which a landlord may evict a tenant. Be certain to check with your local rent control board because rent control ordinances are very different depending on the locality.
Should I Consult a Real Estate Lawyer about my Landlord and Tenant Issue?
Landlord-tenant law is very detailed and constantly undergoing changes. A real estate attorney will be able to help you identify the law that applies to your landlord-tenant relationship and help you achieve a beneficial result. A real estate attorney will also be able to review the terms of a lease and help you discover what you will be bound to do under the lease. Additionally, a real estate lawyer can help you if there may be defects on the premise or if you must deal with an eviction. http://www.legalmatch.com/law-library/landlord-and-tenant.html
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