Landlord And Tenant Lawyers

Landlord And Tenant Law

Landlord and tenant law governs the relationship between the owners of residential properties and the individuals who rent them, and that between the owners of commercial properties and the businesses that rent them.  A landlord and tenant attorney representing an individual renter needs to know about civil rights and how they may be violated by landlords.  A lawyer representing commercial lenders needs to be aware of how business arrangements, including rental agreements, are written, conducted, and sometimes violated by either landlord or tenant.  A lawyer representing a landlord in either case has to know how tenants can violate the terms of a lease.

What is a Landlord And Tenant Attorney?

A landlord and tenant lawyer handles cases that deal with renting and leasing of property. Landlord and tenant attorneys also handle legal cases that deal with the property rights of the owner, renter, or leaser. A landlord and tenant attorney may be needed to settle any type of legal action involving a renter or leaser. If you are ever in a legal case involving rental or lease agreements, a landlord and tenant lawyer should probably be called upon for legal advice.

A landlord-tenant attorney is an invaluable resource for landlords who want to protect their rental property from legal issues. These professionals specialize in understanding the intricacies of landlord and tenant rights, and they can provide guidance on how to draft a lease agreement or navigate an eviction process. With their expertise, landlords can avoid costly mistakes and legal battles, saving time and money in the long run.

Experience is key when it comes to finding an attorney for landlord-tenant issues. An experienced lawyer will be knowledgeable about common issues that landlords face, such as rent disputes and tenant rights violations. They may also have experience with leases, evictions, personal injury claims, business law, and more.

When considering whether to hire an attorney for landlord-tenant issues, it’s important to consider the long-term cost savings. Although lawyers might have upfront fees, they often save landlords money in the long run by preventing costly mistakes and protecting their rental business. Plus, working with a local attorney ensures access to specialized knowledge specific to the area.

Ultimately, hiring a landlord-tenant attorney can give you peace of mind and help you build a successful rental business. So if you’re looking for someone to provide expert advice and assistance, make sure you find a lawyer you trust!

Lawyers who deal with landlords

Many issues tenants face can be quickly resolved by researching relevant landlord-tenant laws, such as those found in their local tenants’ rights group. The more knowledgeable you are on the law and your legal rights, the better equipped you’ll be to handle any tenant issues that arise. The Tenant Rights section of HUD’s website provides a great deal of resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state. Even if you don’t qualify for legal aid services, you’ll find many helpful sources regarding tenant rights on legal aid websites. The Nolo website also has an abundance of useful articles and books on breaking leases, mold in rentals, and even small claims court cases (such as when disputing a security deposit).

When more serious issues come up though, getting a lawyer’s help might be the most efficient way to protect your rights. The following situations should prompt you to consider hiring a lawyer:

If Your Landlord is Evicting You

If you receive a termination notice that you intend to fight, hiring a lawyer may increase your chances of success. Look for a lawyer familiar with landlord-tenant law who has significant experience challenging evictions.

If Your Landlord is Evicting You Without Proper Court Procedures

Landlords must comply with eviction procedures outlined by state and local laws. Should your landlord take matters into their own hands by locking you out, cutting off utilities, or removing your doors, windows, or possessions, seeking legal counsel is a must.

If Your Landlord Discriminates Against You

Discrimination of any kind against you is illegal and no matter how strong the case may be for ending the tenancy, no self-help action can be taken against you. Whether filing a fair housing complaint with HUD or suing your landlord in court, having legal representation can ensure that justice is served and that any damages sustained are properly compensated.

If Your Landlord Won’t Make Necessary Repairs

If your landlord isn’t fulfilling the necessary obligations under your lease or the law, it can cause major problems. Consider consulting with a lawyer to help coordinate remedial steps such as rent withholding or “repair and deduct.”

If Your Landlord Isn’t Fulfilling Promises

Landlords sometimes make promises to entice applicants into renting from them which they fail to honor later. A lawyer can write a stern letter to your landlord reminding them that they can be held liable for some criminal activities occurring at their rental and threaten a lawsuit unless they follow through.

If You’ve Been Injured or Made Ill

If an accident occurs due to your landlord’s carelessness then they may be responsible for the injuries sustained. A personal injury lawyer experienced in premises liability will know how best to convince a court or insurance adjustor that the landlord should be held accountable.

If Your Property Has Been Damaged

If damage incurred to your property is due to the failure of the landlord to maintain the rental property then either obtaining reimbursement from them through your attorneys or consulting a lawyer for advice may be necessary.

Facts About Landlord and Tenant Law

Landlords and tenants alike should be aware of their rights and obligations when entering into a rental agreement. These agreements, though sometimes varying slightly depending on the state’s laws, are vital to establishing a healthy landlord-tenant relationship throughout the duration of the lease contract. In Texas, landlords may include specific criteria in their contracts in line with the state regulations.

Regarding tenant and landlord rights and responsibilities, it is essential to consider the terms specified in the agreement, such as what tenants may and may not do while on the property and the landlords’ responsibilities to keep it safe. Landlords have the right to collect rent according to the agreed amount and deduct repair costs stemming from extreme damage to their property (more than regular wear-and-tear) and other similar items. Meanwhile, there is no required number of utilities from a landlord, though they are bound by the ‘Warranty of Habitability’ law to keep them properly functioning. Tenants may seek legal action should the landlord fail to meet their obligations within seven days of being notified.

When paying rent, Texas laws aren’t particularly restrictive. There is no state law for rent control like in New York City, so landlords can charge whatever they wish. As for late fees, these may be stipulated by the landlord but must be estimated considering possible damages related to non-payment. Grace periods must also be observed wherein a tenant has one day to pay after the due date before defaulting or being given notice to vacate. According to the Texas Property Code, tenants are prohibited from withholding rent due to their ‘Repair and Deduct’ rights in cases where physical health isn’t affected.

Should landlords decide that eviction is necessary, they must first send a three-day eviction notice before initiating any proceedings. Note that tenants can also end leases early for certain reasons like landlord harassment, sexual assault, un-habitable conditions, and more. When it comes to security deposits, Texas does not stipulate an exact figure; however, landlords must return them within 30 days upon termination, or hand in an itemized list of repairs if not returning the full amount. Lastly, landlords must observe certain practices regarding entry into rental units; namely, that written notification should be sent beforehand except in cases of emergency.

FAQs on Landlord and Tenant Law

What are the Rights of Renters in El Paso?

Renters in El Paso have a variety of rights that must be respected by their landlords. All tenants in Texas are entitled to a safe and secure living space that is free from health hazards, such as lead paint or mold. Tenants must also be provided with access to essential services such as running water, electricity, and heat. Additionally, tenants must be given at least four days’ notice before an eviction or rent increase.

What Does Texas Law Say About a Residential Landlord’s Duty to Repair a Rental Property?

Under Texas law, landlords have a duty to maintain rental properties in habitable condition and make any necessary repairs within a reasonable amount of time. If a tenant’s unit becomes uninhabitable due to any damage caused by the landlord or due to normal wear and tear, the tenant can request repairs be made in writing. However, if the tenant caused the issue, they may be responsible for the cost of repairs or replacement.

What Are the Renters Rights in Texas?

The renters’ rights in Texas give tenants certain protections from unfair treatment. These include the right to a safe and secure property, freedom from discrimination, access to basic services such as running water and electricity, and proper notification before an eviction or rent increase. In addition, Texas tenants have the right to privacy within their rental unit and cannot have their property searched without a court order.

What Can a Tenant Sue a Landlord For in Texas?

In Texas, tenants can sue their landlord for any violation of the lease agreement or state law. Tenants can sue their landlords for not performing repairs or maintenance on the unit within a reasonable amount of time or for failing to provide basic necessities, such as functioning plumbing and electricity. Tenants can also sue their landlord for not providing them with proper notice before an eviction or rent increase.

What Can Landlords Not Do in Texas?

Landlords in Texas cannot discriminate against tenants based on race, religion, national origin, gender, disability status, sexual orientation, or familial status. They also cannot change the locks on a unit without giving notice or enter a tenant’s unit without proper permission. Additionally, landlords cannot collect “security deposits” that exceed one month’s rent and they cannot evict tenants without cause.

How Much Time Does a Landlord Have to Give a Tenant to Move Out in Texas?

Under Texas law, landlords must give tenants at least three days’ notice to vacate the premises before taking any action against them. If there is an issue that has been unresolved for more than fourteen days, the tenant must be given additional time for corrective action before being served with an eviction notice.

Can a Landlord Kick You Out in Texas?

A landlord in Texas can only evict a tenant if they fail to pay rent or violate other terms of their lease agreement. Even then, the landlord must provide written notice and wait for the appropriate amount of time before initiating proceedings. If a tenant still refuses to leave, then the landlord must take them to court to receive an eviction order.

What is landlord harassment in Texas?

Landlord harassment is defined in Texas state law as a landlord using intimidating or threatening behavior to pressure tenants to vacate their homes. This can include refusing to make necessary repairs, making false accusations of violations of the lease, or restricting access to common areas. Harassment also includes any physical interference with the tenant, such as locking them out of their rental units without notice.

Can a landlord evict you if there is no lease in Texas?

Yes, a landlord may be able to evict a tenant who does not have a written lease. This is because tenants are considered to be on month-to-month leases when they do not have a written agreement. As such, landlords can typically unilaterally terminate a tenancy after giving 30 days’ notice in writing.

Do I have 30 days to move after an eviction in Texas?

Yes, a tenant typically has 30 days to move after an eviction in Texas. However, this can vary depending on the type of eviction and the circumstances leading up to it. After an eviction is filed, tenants should check with their local courthouse for the exact timeline they must follow.

How far behind on rent before eviction in Texas?

In Texas, landlords are not allowed to start the eviction process until the tenant is at least three months behind on rent payments. During this period, the landlord must send a written notice to the tenant explaining that they are in breach of the rental agreement and give them seven days to pay any outstanding amounts. If payment is not received within seven days, the landlord can then proceed to file an eviction summons with the court.

What are squatters rights in Texas?

Squatters in Texas have few legal rights compared to traditional tenants. Squatters typically cannot claim ownership from living in an abandoned property, nor can they force their way into properties owned by another person. If they remain in the property after being served a legal eviction notice, owners may pursue legal action against them.

Can you report a landlord in Texas?

Yes, tenants can report landlords to various agencies in Texas for violating state laws or the terms of a lease. The Texas Department of Housing & Community Affairs maintains a complaint hotline where tenants can submit complaints about potential violations. Consumers can also contact their city’s licensing department or consumer affairs office, as well as their local Better Business Bureau chapter.

Can you withhold rent for mold in Texas?

Yes, tenants can legally withhold rent if there is significant mold in their rental unit that has not been addressed by the landlord despite multiple requests. According to state law, landlords must actively remediate any instances of excessive moisture or mold if they arise due to structural defects or insufficient maintenance. Tenants should inform their landlord prior to withholding rent and carefully document all attempts at resolution.

What reasons can you break a lease in Texas?

There are several reasons that justify tenants breaking their leases early in Texas. These include active duty military orders, hazardous conditions on the property, property damage caused by natural disasters, sexual harassment or assault by the landlord or other tenants, lead paint violations, and commitments for assisted living programs approved by HUD or other federal agencies.