Landlord Tenant

Landlord and tenant laws differ from state to state. If faced with a landlord and tenant dispute contact a landlord-tenant lawyer to understand how the lease agreement and local landlord and tenant laws will guide the result.

A landlord and tenant relationship is guided by a lease agreement in which the landlord allows the tenant to use the property outlined in the lease and the tenant in return pays an agreed upon amount to the landlord. Beyond the basic exchange of money for use of property, a landlord and tenant lease agreement will have the terms the parties will operate under. Understanding the terms of a lease agreement is critical because in many disputes the terms are binding and guide the outcome. In many cases the landlord already understands the terms of the agreement, so tenants should consult a tenant attorney before signing a lease.

In any lease agreement a landlord and tenant should cover some important issues, and know specifically what the lease agreement says on each. Landlord and tenant attorneys can assist the parties with questions on the following important aspects of a lease:

1. Condition of the property and terms of security deposit.
   • Prior to signing a lease, the landlord and tenant should conduct a walk through and accurately and completely note existing damages, go over the amount of the security deposit, and the conditions in which the deposit will be returned or withheld.
2. Details of the rent
   • It is important to know the amount of rent, the date rent is due, the manner in which it is paid, and the penalties for late payment or no payment.
3. What the tenant is allowed to do with the property
   • A tenant should be aware of the limitations on their use such as:
     • Using the property for a specific type of business
     • How many people can reside in the property
     • Whether or not pets are allowed in the property
     • Any other use of the property that may not be assumed by the other party
4. What each party’s rights and responsibilities are under the lease
   • It is generally good practice to understand rights assigned and responsibilities given under any contract before signing it, but it is particularly critical to spend the appropriate time and understand what each party is entitled to and what each party must do in return in a rental agreement. Tenants, particularly tenants with cosigners, should consult a tenant attorney and pay special attention to the rights and responsibilities in the landlord’s lease.
   • Landlord and tenant attorneys will be able to provide specific scenarios when landlord and tenant laws protect significant rights and responsibilities such as landlord’s duty to keep the apartment in livable condition and tenant’s duty to pay rent.
5. What action can result in eviction
   • The most serious, and generally undesirable, option in landlord and tenant law disputes is eviction. A tenant facing eviction should contact a tenant attorney.
6. Termination of the lease agreement
   • Eviction is not the only way to terminate a lease agreement. Landlord and tenant laws or the lease agreement may provide options for early termination or non-renewal of the lease upon its natural expiration. Understand how and when and why a lease can be terminated.

Ultimately the parties must know the terms of the lease, and the how the local landlord and tenant laws will influence the interpretation and enforcement of the document should a landlord and tenant dispute arise.

Whether the landlord and tenant dispute is over a residential or commercial lease, the result of an eviction filing, a question about co-signer liability, the return of a security deposit, or any other matter arising from the parties’ lease agreement both the landlord and tenant have rights provided by the law. Landlord and tenant attorneys will be able to provide an explanation of the legal rights of landlords and tenants. In many cases the terms of the lease agreement shed light on how a court will resolve an issue and a landlord tenant lawyer will be able to provide answers about how lease agreements are enforced under local law. Before entering a lease agreement contact a landlord tenant lawyer to get answers on how local law and the terms of the agreement affect the landlord and tenant relationship that is created.