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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.

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.