When Do I Need a Landlord-Tenant Lawyer?

Property owners choosing to rent out their real estate must also understand that they need to communicate and form landlord-tenant relationships. They must come together to sign a lease contract. In the best of situations, this contract goes smoothly for both parties.

Unfortunately, not all renters experience a trouble-free tenancy. While some tenant matters can be resolved between the landlord and tenant, others escalate to become serious legal matters. When this happens, renters can talk to a landlord-tenant attorney for legal advice.

Common Situations When a Tenant Needs Legal Help

Approaching your landlord before taking legal action is also the course of action recommended by Adam Sherwin, a lawyer in Boston. “You should always speak with the landlord first,” he says. “A lot of these matters can be worked out on their own. The court process is not real quick, and it can be expensive, emotional, and draining for both sides.”

You can resolve many situations by communicating with each other. Have a calm conversation where each party listens to the other and works together to find a solution. If this doesn’t work, it may be time to consider seeking help from an attorney.

If the landlord is acting in a way that is creating the issue, it can be challenging to work with them to correct the situation. For example, the landlord could refuse to repair the rental unit. Landlords shouldn’t force tenants to live in unsafe conditions. The landlord could be breaching the tenant’s right to quiet enjoyment of the property.

Before Filing a Lawsuit

A lawsuit shouldn’t be the first course of action for tenants angry at or frustrated with their landlords, says Boston attorney Jordana Greenman. But too often, that’s what she sees.

“I get three to five calls or emails per day from tenants, and in nine out of 10 instances, the person has not even talked to their landlord about what their problem is,” says Greenman, who runs a solo practice. “Why are you filing lawsuits before you try to have a conversation with another human being?”

If the problem violates housing or health code, Greenman says tenants should next take their complaints to local inspectors. “Inspectors have the right to take landlords to court if they don’t maintain their property,” Greenman says.

A lawyer can provide the necessary legal support to address the violation with the landlord. In extreme situations, the landlord may harass or retaliate against the tenant. These actions can violate legal rights or even be criminal, requiring the tenant to seek legal representation.

Sometimes, a tenant may need to speak with a lawyer before becoming a tenant. For example, a landlord could discriminate against an applicant based on a protected class. Another example is a landlord with a lease agreement containing lease terms that violate state law.

In contrast, a tenant may need a lawyer after the lease ends and is no longer a tenant. For example, they may need legal assistance with a wrongful eviction, a lease term dispute, or a security deposit dispute. A landlord could claim there was property damage and try to keep the security deposit. There could also be a rental control issue where a landlord tries to increase the monthly rent incorrectly and charges more than what is allowed.

Kevin Hirzel, a real estate lawyer in Farmington, Michigan, regularly works with HOA organizations to prepare governing documents and represents them in a variety of legal matters. He talks about the passion that real estate lawyers have for their work and clients. “I get to deal with people from all different walks of life. It’s really interesting, I would say, to interact with all these people. It’s a practice area where I feel like I can actually make a big difference in their lives. It’s personal for them; it’s their home, their community.”

What Kind of Lawyer Should a Tenant Get?

While all lawyers go through law school and obtain a degree, post-graduation, they choose to focus their practice on a particular area of law. When a tenant decides to hire a lawyer for their legal matters, they need to look for one who practices in the area of law that the issue falls into. Even if the issue relates to the rental property, the type of lawyer can vary.

A tenant who submits a rental application and gets turned down could have a discrimination claim. They would consult an attorney who knows the Fair Housing Act, civil rights, and other discrimination laws. Similarly, a consumer protection attorney can help tenants with protection violations or misleading advertising issues.

“If you’re in a situation where you just need someone with an objective voice, that’s when an attorney can be very useful,” he says. “Maybe it’s not a complicated legal matter, but the parties haven’t been able to reach a mutual agreement, so they need to hear it from someone else.”

If a tenant gets injured in the community area of the property, they could have a personal injury claim against the landlord. There could also be habitability issues depending on where and how the tenant gets injured.

Finally, a real estate attorney can handle various landlord-tenant issues and disputes. These could include disagreements about the lease, security deposit, evictions, or property repairs.

When Should a Tenant Hire a Lawyer?

Generally, talking to a lawyer sooner rather than later is better. The longer you wait, the more you risk missing important deadlines and legal opportunities. By involving an experienced attorney early on, you can hopefully resolve the situation before it escalates into a major problem.

If the tenant receives a summons and complaint, it means the landlord has filed an eviction lawsuit in court. This typically happens after an initial eviction notice period has expired. The tenant will have to respond and appear at a hearing. Speaking with a lawyer will help a tenant understand their rights, the eviction process, and form a valid legal defense. The lawyer will attend all hearings throughout the eviction procedures.

Because the law can be complex, a tenant should speak with a lawyer if they are experiencing unsafe living conditions, housing discrimination, rent control violations, retaliation, or harassment. In other situations, the tenant may have a case in small claims court. Parties can represent themselves, but speaking with a lawyer can provide valuable guidance and advice. Common disputes that would be in small claims court would include a lease agreement or security deposit dispute.

How Will a Lawyer Help a Tenant Resolve Their Issue?

Once a tenant hires a landlord-tenant attorney, they will have someone advocating on their behalf. The lawyer will act on your behalf to resolve your legal issues. Before the lawyer does anything, they will want to sit down and talk with you. They will go over the facts and circumstances of your issue. They will ask you to give them any relevant documents, such as the rental agreement.

Once they understand the problem, they will discuss your goal and ideal outcome with you. No ethical attorney will promise you a specific outcome. Instead, you can expect your lawyer to explain the court procedures, applicable landlord-tenant laws, and your legal options.

The tenant and attorney will discuss and decide on the best course of action. With a plan in place, the attorney will act on the tenant’s behalf. This could be to negotiate with the landlord to find a dispute resolution. It could be to file in court to challenge an eviction filing or file a lawsuit on behalf of the tenant. Should the case go to trial, the lawyer will represent the tenant in court proceedings. Finally, the attorney will work to secure any awarded financial compensation.

How Much Do Tenant Lawyers Cost?

Legal services can vary significantly depending on several factors. Tenants should look for a lawyer who is reputable in the type of law they need and charges a fee they can afford. While hiring a lawyer can save the tenant from potentially more significant dispute costs, tenants should also not go broke with an expensive lawyer.

Hirzel explains why someone should consider more than cost when hiring an attorney. He highlights the potential for increased costs later because they didn’t focus on hiring an attorney with the right experience. “There are some clients who will just be cost-conscious and hire solely based on price. But I would be careful about that. A lot of matters that we’ve taken over the years involve clients who tried to hire someone who was the lowest price but had no experience. In those matters, they ended up spending more money in the long run.”

Pricing Models

There are a few methods for how lawyers charge attorneys’ fees. They could be an hourly rate, a flat fee, or a contingency fee. Generally, simple and one-off services are charged by a flat rate fee. More complex legal services have an hourly rate. There are strict rules about how lawyers charge contingency fees. Generally, they are for personal injury claims where the client seeks damages from another party.

Factors Impacting Cost

The lawyer’s location will impact the price range. Major cities and urban areas tend to have higher attorney rates than more rural areas. The experience and reputation of the lawyer will affect their rates. A more established lawyer will be in greater demand, and they will charge more for their services.

Urgency and complexity will increase the cost of the lawyer’s services. These factors will demand more time and energy from the attorney, pulling them away from their other cases. Finally, going to trial or appearing in court will always cost more. Appearing in court requires significant preparation on the attorney’s part.

Find Experienced Legal Help

Professional attorneys have the legal expertise to help tenants resolve landlord-tenant disputes. A lawyer will provide legal advice and representation through their knowledge of real estate law. If you are a tenant dealing with a dispute with your landlord, consider speaking with a lawyer. 

That way, you can understand your rights and legal options. The lawyer can also help you resolve the issue by communicating on your behalf to negotiate a resolution with the landlord.

Visit the Super Lawyers directory to begin your search for an experienced landlord-tenant attorney.