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Common Landlord-Tenant Disputes

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Disputes between tenants and landlords are more prevalent than ever as the nation faces staggering unemployment as a result of the pandemic’s effect on the economy. In these situations, the guidance and advice of an experienced attorney is something both the landlord and the tenant can benefit from.

Some of the most common dispute sources that an attorney can help with include:

  • Late or withheld rent payments
  • Responsibility for house/apartment/yard maintenance and upkeep
  • Security deposit refund is refused or only partially refunded
  • Premises are not kept clean
  • Violation of any aspect of the lease
  • Tenant feels their rights were violated
  • Tenant feels they are being wrongfully evicted
  • Housing discrimination claims

These are just a few examples of disputes that commonly arise. There are many others. While it’s true that the lease agreement lays out the expectations and responsibilities, the terms are not always as straightforward as the tenant and landlord may think. An experienced attorney resolves these disputes by drawing on specialized knowledge of these leasing agreements, as well as their knowledge of relevant federal, state, and local laws.

Whether you are the tenant or the landlord, you deserve the advocacy of an experienced attorney. Housing – whether you are the owner or renter – has such a profound effect on livelihood. These issues can be thorny, but an experienced attorney helps you find a path to resolution.

When searching for the right lawyer, consider asking some of the following questions:

  • What percentage of your law firm practice is dedicated to landlord-tenant disputes?
  • Do you represent mostly landlords, tenants, or both equally?
  • Do you think this dispute can be resolved in my favor?
  • What are my options?
  • What can a landlord ask you?
  • What can I legally require of my tenant?
  • Are there any federal, state, or local laws that may be relevant to this dispute?

When facing an issue with your rental, landlord, or renter, please search our directory for an experienced attorney in your area. Your lawyer knows you want to resolve this matter efficiently so you can move on with your life.

Are Property Owners Liable for Slip and Falls?

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Generally, property owners are liable for injuries caused by a slip and fall if they knew about the dangerous conditions on their property and did nothing to solve them. However, there are some specific exceptions to this rule. If you are injured in a slip and fall due to the negligence of a property owner, an experienced personal injury attorney can help you pursue compensation.

For landowners to be liable for injuries on their property, they must know about the conditions that led to the injuries. This means that property owners can be held liable for slip and falls if they or their employees caused the condition and had actual or constructive knowledge of the danger.

Actual knowledge is when the caretaker of the property (in this case, an owner or an employee) knew about a dangerous condition but failed to fix it or warn customers. For example, if a freezer in the grocery store leaks water onto the floor, an employee must report the issue to a supervisor and promptly post a hazard sign so that a customer does not slip.

Constructive knowledge is a little more difficult to prove. This is when an owner or employee had sufficient time to discover a condition and try to fix it but failed to correct the danger. For example, if there are broken lights in a stairwell, it is expected that the caretaker would discover the issue and repair it in a reasonable amount of time.

On property that is inherently dangerous, it may be more difficult to prove that the property owner is responsible for a slip and fall. In these cases, companies have strict policies, safety protocols, regulations, and inspections in place to cover themselves from liability in the event of an injury or death. In addition, a property owner may not be held liable if the victim received their injuries while trespassing on the property.

If you have been injured in a slip and fall accident on someone else’s property, please search our directory for a personal injury attorney in your area.

New HUD Guidance for Landlords on Assistance Animals in 2020

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On January 28, 2020 the U.S. Department of Housing and Urban Development (HUD) issued new guidance to help landlords stay in compliance with the Fair Housing Act when assessing a tenant or potential tenant’s request to have an assistance animal in their home. The Assistance Animal Notice also provides information for both landlords and people with disabilities regarding documenting the need for an assistance animal in the home. Although the Americans with Disabilities Act (ADA) also includes protections for tenants with service animals, the Fair Housing Act provides even more protection and includes support animals. Can be confusing for landlords and tenant alike, an experienced real estate dispute attorney can help.

Assistance Animals Are Not Pets

A reasonable accommodation, making an exemption to the no pet or no animal policy, cannot charge a pet deposit, but can require owner to pay for damages caused by the assistance animal.

Assistance animals must be allowed in public and common areas, even if pets are not.

Not Just Service Animals

Service animals are included, but “assistance animals” also includes support animals defined as “other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.”

Yes, It Includes Emotional Support Animals

That’s the burning question for many landlords and tenants. Emotional support animals (ESA) are a controversial and confusing topic. They are not protected by the ADA when it comes to restaurants, stores, and other public accommodations. Only service animals get that protection, and only dogs and miniature horses qualify as service animals. A person can have a service anima for psychiatric reasons, but in order to be a service animal, it must be trained to perform certain tasks to help with the disability.

The Fair Housing Act is separate and different. It recognizes the value of ESAs in housing, for people with disabilities to live fuller and better lives. It does not require that an ESA have special training or perform any special tasks.

Landlords are often concerned that anyone could use the law to simply get around no pet policies and pet deposits, but it doesn’t work that way. The new guidance helps landlords assess requests and helps both landlords and tenants understand what type of documentation is considered legitimate and reliable.
To learn more about your rights and obligations as a landlord or tenant, please search our directory for an experienced landlord/tenant attorney in your area.

Evictions

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Stress

Eviction can be a nightmare for landlords and tenants alike. No matter which side of the deal you are on, you need to understand that eviction is a formal legal process with rules. Each state has its own laws governing the eviction process. It is not a landlord’s right to “just decide” to kick a tenant out, set deadlines as they see fit, or throw a tenant’s belongings outside. Likewise, eviction does not necessarily terminate a tenant’s responsibility to pay back rent or for damage to the property. And, a tenant who moves out based only on a verbal notice may be held liable for breaking the lease.

The Eviction Process

Each state has very specific laws regarding the timing and reasons for eviction. These are the basic steps:

  • Eviction or termination notice. The notice must be in writing and must state the reason for eviction, if any, what the tenant must do to correct the problem and the time limit for doing so if there is a problem to be corrected. Typically, the eviction notice gives the tenant three to five days or 30 to 60 days to correct the problem. Late rent or violation of the terms of the lease are examples of correctable problems. In some circumstances a landlord does not have to have a reason for evicting a tenant.
  • Lawsuit for unlawful detainer. The next step is a lawsuit for unlawful detainer. This is where tenants have the opportunity to fight the eviction in court. There are many valid defenses to eviction, including retaliatory eviction in which a landlord attempts to evict a tenant for exercising legitimate rights such as demanding repairs.
  • Eviction order. If the landlord wins the lawsuit, a court order will be issued requiring the tenant to vacate by a certain date. It could be immediately or in a certain number of days, such as 30 days.
  • Enforcing the order. A landlord cannot just go in and physically force a tenant to leave or throw the tenant’s belongings out in the street when the deadline for vacating expires. Only a law enforcement officer can physically remove a tenant.

To learn more about evictions and your rights, please search this directory for a landlord-tenant attorney in your area.