Are you dealing with a problematic tenant? Perhaps you’re dealing with a pending lawsuit.
If so, consider an attorney for landlord legal troubles. Many landlords choose to handle lawsuits and other complications on their own.
To ease the stress, find lawyers who specialize in landlord rights. Landlord attorneys deal with a variety of landlord/tenant issues, such as evictions, personal injuries, property damage, and housing discrimination.
A lawyer can help you win court cases, and they can negotiate settlements. Overall, an attorney allows you to focus on being a landlord. Plus, they will help you avoid costly errors that could further implicate you.
This article will show you why every landlord should have an attorney for landlord and tenant problems. Let’s explore.
You should consider an attorney if you must evict a tenant. Landlords must go to court to evict a tenant legally. Additionally, you must abide by various regulations before evicting someone. Landlords must adhere to various procedures, such as:
- Notifying the tenant of eviction within a certain timeframe
- Complying with rent control policies
- Filing paperwork with the court
Hiring an attorney is more important if you’re evicting a tenant for the first time. If you’re a new landlord who is contemplating an eviction, go to litigationadvocates.com to learn about legitimate reasons to evict tenants.
Trying to evict someone for the wrong reasons can lead to legal trouble. Plus, you still must follow certain rules during the eviction proceedings. For instance, many landlords will enter the property without giving a tenant 24 hours notice.
Another mistake is accepting previous rents from the evicted tenant. Accepting rent during an eviction process can complicate matters further, and you should only accept money under the guidance of an attorney. Small mistakes can harm your case exponentially, and a judge may dismiss your eviction petition.
That said, an attorney can help you avoid errors. In addition, a lawyer will be helpful if the tenant hires a lawyer to counter your petition.
An attorney can also guide you through special circumstances.
- Examples: If a tenant files for bankruptcy, you cannot evict right away. An attorney can tell you when an eviction is appropriate and how you can get around bankruptcy laws. Another special case involves tenants who are also employees.
Regardless of your plight, attorneys who know about landlord rights will help you use the laws to your advantage.
As a landlord, you’re responsible for illnesses or injuries that occur on your property. If a tenant falls ill due to mold contamination, for example, the tenant can sue you. Further, the Health Department may get involved.
Regardless, a personal injury lawyer can encourage tenants to file a lawsuit against you. The best way to fight back is to hire a defense attorney who can craft a strong defense for you.
Also, lawyers will be crucial during settlement negotiations. Your lawyer may advise you to reach a settlement to prevent the case from going to trial.
Personal injury attorneys will drive a hard bargain and maximize settlements for their clients. However, your lawyer will try to minimize the settlements on your behalf.
If negotiations fail, the case will go to trial. For civil trials, you need an experienced attorney who can articulate your defense and make a compelling presentation to jurors.
Further, a civil trial is a long process that entails:
- Opening statements from plaintiffs and defendants
- Direct examination and cross-examination of witnesses
- Motion dismissals
- Evidence presentations
- Refuting plaintiff claims
- Final motions
- Closing statements
Overall, a civil trial can last up to a year. However, a landlord attorney can make the process easier and handle much of the legal work.
A tenant can also contact an attorney and sue you for property damage. A hazard may exist on your property that caused the damage.
- Example: A roof leak damaged a tenant’s computer. Roof damage is a liability, allowing tenants to sue you.
Many attorneys think their insurance policy will be enough to handle property damage. However, a landlord’s policy may not cover the damage sufficiently.
As a result, a tenant can take you to court over the remaining damages. Even if you end up in a small claims court, an attorney can guide you throughout the process.
Housing Discrimination Lawsuit
Discrimination lawsuits usually come with hefty fines and judgments. Further, these types of cases gain media attention and can permanently damage your reputation.
Even if you comply with all housing laws, a tenant can still bring a case against you. Regardless of the situation, talk to a lawyer immediately if a tenant mentions discrimination. Even if the tenant doesn’t follow through on litigation, have an attorney by your side in case the worst happens.
Tenants can file a discrimination claim with HUD or contact a lawyer. An attorney can mitigate the situation. For example, they can try to prevent a lawsuit, which could cost you more in terms of money and reputation.
If you have a judgment against you for housing discrimination, it’s a matter of public record. Therefore, the stain of that judgment will forever tarnish your track record as a landlord.
Why You Need an Attorney for Landlord Issues
An attorney for landlord problems can get you a favorable outcome in case you’re facing a lawsuit. Without legal representation, the court could issue an unjust verdict against you. With an attorney’s help, they can preserve your rights and contain the situation.
Do you need legal advice? Read more on our blog to learn how we can help you.