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When to hire an attorney for your landlord-tenant dispute

Although many people rent properties without ever having a conflict with their landlords, the unfortunate truth is that landlord-tenant disputes are quite common. Sometimes disputes are relatively minor and a bit of negotiation between the parties can resolve matters. However, in more complicated or conflictual cases, a simple meeting may not suffice.

It can be difficult to know at exactly which point in a landlord-tenant dispute you should turn to an attorney for counsel and assistance in resolving your issue. Here are a few example cases that illustrate matters that can benefit from hiring an attorney who works with landlord and tenant disputes.

1. Non-payment of rent

If you are a landlord, rent payment is the key component of income in terms of renting your property. When a tenant stops paying rent, refuses to pay rent or has a lot of back rent to catch up on, collection can be difficult and stressful. As a tenant, you may have mitigating circumstances or contractual conditions that you wish to discuss with your landlord to explain why you are justified in not paying the rent. There may be specific issues or problems with the apartment for which you are withholding your rental payments. Whether you are the tenant or the landlord in this situation, non-payment of rent is one of the most common landlord-tenant disputes, and a qualified attorney can help you find a resolution.

2. Breach of contract

Contracts protect the rights of both tenant and landlord in that the contract specifically outlines the terms and conditions that govern the property rental. When one party breaches these terms, the other party may have legal grounds to take action for recourse. In these cases, a breach of lease lawyer can assist in finding resolution, whether it is a landlord who has a tenant that has broken rules or a tenant whose landlord is not living up to his or her contractual responsibilities.

3. Eviction

Shelter is a basic need, and losing shelter through eviction can be a life-shattering event. As a landlord, you may need to evict a tenant for safety or other reasons. Eviction is a legally sensitive issue, and having a lawyer assist you can ensure the protection of your rights. As a landlord, an attorney can help you evict a tenant in a legally responsible and efficient way. As a tenant, an attorney can examine your case to see if the eviction is lawful.

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What if one of my tenants gets married?

When one of your tenants gets married, a few things could theoretically happen. The tenant might want to break the lease and move out. Or the tenant might move out but continue to pay rent until the lease ends. On the other hand, the new couple might choose to live apart. More likely, the new spouse might move in. Does that mean you will have to approve the new occupant and put him or her on the lease? What if you do not want that person there? Is the marriage official? One of the first things to do is verify the marriage. Many times, the marriage did actually happen. Sometimes, though, telling a landlord, “I got married, and this is my husband who will live here full time now,” is another way for a tenant to move out and move another person in to pay the rent. You can check public records or ask to see a copy of the marriage certificate. Is the apartment rent controlled? If the apartment is rent controlled, the tenant does have the right for the spouse’s name to be added to the lease if the apartment will be the spouse’s primary residence. You cannot increase the tenants’ rent for this reason. Does the spouse want to be an occupant or a tenant? As a landlord, you have a legal relationship with your tenants. However, occupants are not on leases, and your rights are fairly limited as far as occupants go. Tenants generally have the right to bring a spouse (and stepchildren) in after a marriage occurs without the new residents having to undergo applications, criminal checks and credit checks. However, your tenant does need to notify you in writing within 30 days about any new occupants. Occupants must also leave if the tenant does. If the new spouse wants to be on the lease, then you are probably within your rights to ask for an application, credit check and criminal check. A lawyer can evaluate the nuances in your case.

Should you reduce rent in exchange for work?

It can make sense in some situations to reduce or even eliminate a tenant’s rent in exchange for work the tenant does around the property. For example, the tenant could mow, perform plumbing repairs or remove wallpaper off. However, does such an arrangement really make sense? The argument for “no” There is a lot in the “no” category. For one thing, the tenant might need specialized training or even either licensing or insurance for certain activities. If something were to happen to the tenant, other residents or the property itself, you could end up on the hook. Such an arrangement can also make for more paperwork, accounting and tracking. For example, you would have to report the work as barter income on your taxes and verify that the work was satisfactory. Your lease would need to be revised, and you and the tenant would have to agree on the value of the work to be done. And what if the tenant is on vacation a lot? It could also be that your tenant always pays rent on time, and you would rather not lose that security and predictability. The argument for “yes” On the other hand, you may be leaning toward “yes.” Perhaps you know that your tenant is steady and reliable and is a whiz at making repairs or whatever it is you need doing. So, training or insurance would not be an issue. Maybe you already pay too much money to an outside contractor for the work the tenant would be doing, so the situation would save you a lot of cash. It can also be helpful to have a renter on-site who has a vested interest in maintaining or improving the property. Also, maybe your tenant is someone who is regularly late with rent payments or misses the occasional month altogether. Having him or her do work could be a creative way to meet in the middle. Yes, it can be risky to reduce or eliminate rent for a tenant in exchange for work. To maximize your chances of this being successful, it can help to meet with a lawyer for an update to the lease.