Most landlord-tenant disputes are fairly minor. Where the truck was parked during move-in, noise complaints, and when, exactly the maintenance man should come by to fix that leaky faucet may lead to heated words but a cordial conversation and some patients on one side or the other can help them to blow over. Other times, though, resolving disputes require the participation of a real estate lawyer.
When a Tenant Needs a Lawyer
If you are a tenant involved in a dispute with your landlord, you need a lawyer when your person, property, or right to use the rental is threatened. You also need a lawyer when you have suffered actual injury to person or property or have been denied the use of the rental property. Some common situations where this may be the case include:
• You believe you are being discriminated or retaliated against
• Vital repairs are not being made
• Dangerous conditions exist in or around the rental property
• Landlord is not fulfilling promises made in the rental contract
• Landlord is threatening eviction or has moved your property out
• You have been locked out
• You are being threatened with eviction due to a foreclosure on the property
• You have suffered injury as a result of conditions on the property
• You have lost personal property due to fire, flood, or other damage to the rental property
• Any time your landlord is filing a lawsuit against you
Real estate law prohibits most forms of discrimination as well as retaliation for legal actions (such as starting a tenant's coalition). If you need to compel your property owner to perform promised or necessary repairs, a real estate lawyer can help you go through the proper steps to set up an escrow account into which you can pay your rent until repairs are made. If you have suffered an injury or loss, a lawyer can help you pursue full compensation. And, of course, a lawyer can help you defend yourself against charges made by the landlord.
When a Landlord Needs a Lawyer
You might think that as a landlord you have sufficient power to compel a resolution to any dispute, but in many cases attempting to compel your tenant to do anything can put you in legal trouble. Often times, any legal trouble that comes out of unilateral action on your part will cost you far more than what is at issue in the initial dispute. To avoid expensive legal trouble, it is best to talk to a lawyer when:
• You are considering eviction
• Tenants claim vital repairs are not being made
• Tenants allege dangerous conditions exist
• Tenants claim you are violating the terms of your lease
• A tenant or guest of a tenant was injured on the property
• You believe tenants have done unreasonable damage to your property
• Your tenant is filing a lawsuit against you
No matter how justified you think an eviction or other action is, or how frivolous you believe charges of discrimination are, failing to talk to a lawyer early in the process can make things worse. When in doubt, schedule a consultation.
