Landlord-Tenant Issues

Real Estate Rentals and Leases

Both commercial and residential landlords and tenants have specific rights and obligations that should be fully understood and followed in order to ensure the most advantageous lease or rental arrangement. However, there may be various issues that arise in regard to the relationship or contract between a landlord and tenant. These landlord-tenant issues should be immediately addressed to avoid further conflict or possible litigation.

A legal professional can provide helpful guidance and representation in handling various issues related to real estate rentals and leases. This may include drafting and reviewing a rental agreement or lease agreement, taking legal action for an alleged breach of contract or offering advice related to the specific rights and responsibilities of a landlord or tenant. Evictions may also be better addressed with the help of a real estate lawyer.

Residential and Commercial Leases
Under a lease or rental agreement, the owner of commercial or residential property may rent it to another party. The agreement should include the cost, duration of the rental or lease and various specific factors that may need to be addressed, such as how the property may be used, whether renovations or additions may be made to the property, etc. Due to their potential complexity and legal accountability, it may be important to seek professional help in drafting or before signing a rental or lease agreement.

Landlord-Tenant Disputes
No matter how clearly defined a lease or rental contract may be, there may be situations where a landlord and tenant disagree. Landlord-tenant disputes may include issues related to late payment, non-payment, property repairs, subletting, rental costs and property damage. The best way to avoid problems of this kind is to ensure they are clearly defined in the rental or lease agreement, but if they do arise they should be resolved as quickly as possible. Negotiation may be a useful tool, but if an agreement cannot be reached litigation may be the only option.

Eviction occurs when a tenant is removed from a residential or commercial property, usually for non-payment of rent. A landlord may also initiate eviction proceedings as a result of other breaches of the lease or rental agreement, such as subletting, nuisance complaints or improper use of the property. To lawfully evict a tenant, a landlord must follow specific legal steps. A tenant may have the right to contest the eviction, depending on the situation at hand.

Tenants' Rights
Although the rights of a tenant may vary depending on the specific rental or lease agreement as well as the jurisdiction, there are some basic rights that a tenant should enjoy. This includes the right to be protected from discrimination and unlawful eviction as well as the right to expect reasonable repairs in a timely manner. Tenants have the right to expect that landlords will abide by the terms of the lease or rental agreement.

Landlords' Rights
Commercial and residential landlords have the right to expect that their tenants will properly abide by the terms of their rental or lease agreements. This may include paying rent on time, taking care of the property and refraining from taking on additional occupants or subletting the property without authorization. Landlords have the right to take legal action against tenants that violate the terms of their rental agreement through late payment, non-payment or other breaches of contract. This may include the right to evict the tenant.

Whether you are a landlord or a tenant, it is important to have a clear understanding of the various issues that may arise and how these can be addressed. One step you can take, to ensure your rights are protected, is to involve a competent lawyer.

Find a real estate attorney in your area to assist you with a landlord-tenant issue.