Although lawyers are expensive, they are sometimes necessary to protect the rights of a tenant. Most issues that tenants encounter are minor, and can easily be resolved with common sense and by consulting reputable sources on landlord-tenant laws. It is important to know your rights and the law. Many legal aid websites provide useful information about Tenants’ Rights, even if they don’t offer legal aid. Varnell & Warwick’s website has many articles and books that are useful for tenants, including information on breaking a rental agreement, mold, small claims court, and more.
Some problems, however, can be difficult to resolve and may seriously affect your enjoyment of the rental, or worse, your ability stay there at all. In such situations, hiring an attorney could be the best, but most expensive, way to protect yourself.
Consider hiring an attorney if you are in any of the situations below.
Your Landlord is Evicting you
Hiring a lawyer to represent you can improve your chances of winning if your landlord has served you with a termination notification that you plan to contest. Select a local attorney who is familiar with landlord-tenant laws and has experience in fighting evictions. A lawyer with such experience can offer creative and effective solutions, which you may not have thought of. For example, he or she could argue that the landlord’s eviction is illegal because it was done in retaliation.
Your landlord is evicting you without proper court procedures
Landlords are required to follow the eviction procedure set out by local and state law. If your landlord tries to evict you by taking matters into their own hands–for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions–consider hiring a lawyer. Such “self-help remedies” are illegal. A landlord has no right to threaten or take self-help measures against you, regardless of how strong their case is for terminating a lease.
Your landlord discriminates against you
You may need an attorney if you feel that your landlord has discriminated against you. An attorney can stop any illegal actions, and help you to recover damages. You can hire an attorney to sue your landlord in court.
You can also file a complaint about fair housing with the Department of Housing and Urban Development, or any state or local agency participating in HUD’s Fair Housing Assistance Program.
Every year, HUD and the state and local agencies participating in FHAP receive nearly 12,000 complaints of discrimination. HUD will provide you with a free HUD lawyer to represent you before an administrative law judge if it finds that there is reasonable cause to suspect your landlord of discrimination. The judge may award you compensation, attorneys’ fees and impose penalties on your landlord.
Your landlord won’t make necessary repairs
It can cause major problems if your landlord does not fulfill important obligations in your lease or under the law. Think of a landlord who puts off necessary heating system repairs, only to have them done when winter has already begun. Or a landlord who refuses to repair a broken ground-floor window until there is a burglary.
You might be able to use one of the tenant remedies available in your state (such as “rent withholding” or “repair-and-deduct”) on your own, but it is important to get some guidance on how to properly do this. Consulting a lawyer could be the best option. A lawyer can also communicate with your landlord on your behalf, investigate the possibility of a fast settlement and, if necessary, sue the landlord.
Your Landlord Isn’t Fulfilling Promises
Some landlords will make promises in order to encourage applicants who are hesitant to rent their property. If a tenant is worried about crime in the area, a landlord may promise to install an intercom system that works better or a gated electronic parking lot. You may need to hire an attorney to send a letter to the landlord if they refuse to keep their promise. The letter should remind them that landlords are liable for certain criminal activities in their rental properties and threaten a lawsuit.
You’ve been injured or made ill
Even in a rental property that is well maintained, accidents can occur. If the accident was caused by the landlord’s negligence, then your landlord may be responsible for any injuries. You might slip on an icy patch at the entrance to your building and break your leg. The landlord could have done more to prevent the accident by arranging for regular deicing. You might only discover a mold outbreak in your rental after you or your family have become very sick.
You’ll need a personal injury attorney with experience in premises-liability.
There are many legal theories that can be used to prove the landlord’s responsibility, even if the problem was not caused by the landlord. Lawyers know how to identify which theories may apply and craft arguments based on them.
Your property has been damaged
Sometimes, the failure of a landlord to maintain rented property can cause damage to your property. A landlord’s poor wiring repair could cause an electrical fire to start in your living area, damaging furniture and other items.
Renters insurance will cover your loss, and your insurer’s lawyers will seek reimbursement from your landowner. If your insurance is inadequate or you do not have any coverage, and you have substantial damage to your property, you may want to hire a lawyer to assist you in obtaining reimbursement from your landlord. You could also consult a lawyer to receive advice and learn how to proceed.
How to get a lawyer’s help
Choose a landlord-tenant lawyer if you need one. To find a lawyer for yourself, you can read “How to Find a Great Lawyer” or visit Varnell & Warwick Lawyer.
A lawyer can be hired as a coach. It’s not necessary to spend a lot of money on a lawyer. You might be able to find a lawyer willing to coach you as an hour-by-hour basis, depending on your needs, budget and confidence. Even limited legal assistance can be helpful, and could even lead to a positive outcome.
Look for an attorney’s fee clause in your lease or rental agreement. To prevent frivolous suits, many landlords include a clause stating that “attorneys fees” will be charged in the lease or rental contract. You may be eligible for reimbursement of reasonable attorney’s fees and court costs in the event that you win your lawsuit against your landlord if your rental or lease agreement contains this clause. Even if the clause seems to only benefit the landlord who wins, many courts will decide that it is valid for both parties.
If you have a clause that covers attorneys’ fees in your rental or lease agreement, it will be easier to find an attorney who can represent you. The lawyer doesn’t have to worry about being paid by the client if they win because the landlord will pay the bill. You should be aware that this clause is likely to apply only to disputes that arise out of a lease or rental agreement, such as rent, evictions and security deposit disputes. It does not cover disputes regarding personal injury, racism, or any other issues.
