Landlord-tenant law is very complex and can be quite confusing since every state has different laws pertaining to your rights in that particular state. Therefore, it is essential that you hire a competent attorney as your advocate in court. This will ensure that your property rights are adequately protected and that the value of your home or apartment is maintained. Learn what you need to know before you hire a landlord lawyer to help you.
Although some landlords report few problems with the job, most have had their share of headaches and mistakes when dealing with tenants, many of which could have been avoided with proper training. For example, a prospective tenant may sue you for discrimination if you ask questions pertaining to sexual orientation, religion, marital status, or national origin. If you withhold any information about the condition of the property, this could lead to legal action by the tenant in the future. This includes withholding the location of any known sex offenders in the area or the existence of lead paint in the building. By signing a rental agreement or lease, tenants are also assured of certain rights, such as the expectation of privacy and the right to live in a safe and habitable environment. This means they must be given at least 24 hours' notice prior to repairs being done and must be notified of any criminal activity reported in the area.
Even if you screened the prospective tenant thoroughly using a credit report and checking previous references, you may still find yourself with an undesirable kind. Refusal to pay rent is one of the most common reasons given for starting the eviction process. Failure to vacate the premises when the lease agreement is over is another, followed by damaging the property maliciously or violating the terms of the rental contract. Although the exact sequence of events may vary from state to state, the overall eviction procedure involves providing the renter with a termination notice prior to filing an eviction with the court. If you fail to follow these steps carefully, he or she can sue you for damages, in which case you would need a landlord lawyer.
In the event that you need to evict someone, it is extremely important that you follow the proper procedures, such as filing the appropriate paperwork and correct forms in a timely manner, or your case could be thrown out of court. Although an eviction can be a costly process, it is worth spending the money to hire a landlord lawyer to help you remove an irresponsible or destructive renter from your property. The attorney you hire will begin working on your case after you have filed the eviction notice on your renter, signed the retainer agreement, and provided a check for payment. Of course, the person living in your house may file a discovery motion, which will postpone the trial for a short period. This is a legal request for all pertinent documents, and you are required by the court to respond to this. The renter may also bring a counterclaim against you for damages, such as code violations, so you should evaluate whether the he or she has any valid complaints against you prior to proceeding.
With the help of an experienced landlord lawyer in your area to assist you with evicting someone, you can rid yourself of a troublesome person before your property loses any of its value. The peace of mind you will get after doing so is priceless.
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