Protect Your Interests In A Landlord-Tenant Dispute
A common area of real estate law is the landlord-tenant relationship. In this relationship, an individual or business holds title to the real estate but rents (or permits others to live on or possess specific pieces for a certain fee) to tenants. The landlord and the tenant enter into an agreement that the tenant pays a certain amount (usually each month) for continued possession for a specified term.
These agreements can be written or oral, but a vast majority of agreements are in writing – which permits either party to more easily obtain damages should the contact be breached. If the tenant breaches the rental agreement, the landlord’s most common remedy is to file an eviction – which is a process where the courts authorize the tenant to be removed from the property.
The eviction process is a remedy exclusive to landlords and is spelled out in great detail, and impose limitations on the landlord’s right to evict, such as: 1) the landlord is prohibited from “self-help” evictions where they prevent the tenant access without going through the legal system; 2) evictions done in retaliation for an act the tenant has a legal right to engage in (i.e. filing a complaint against the landlord due to hazardous conditions on the property); or evictions done based on discriminatory intent.
An attorney should always be consulted 1) before the process is started to ensure the proper steps are followed, or, if you are a tenant 2) as soon as you believe you have been unlawfully evicted to make sure your interests are protected.
Sometimes, landlords fail to abide by the terms of the lease, which may enable the tenant to bring forth a claim for damages. If you feel the landlord has breached your lease, consult an attorney immediately to find out what your rights are.
DO NOT REFUSE TO PAY RENT, it will give the landlord a legitimate reason to evict you!
Contact Justin C. Miller Esq. Today
Get answers to your landlord-tenant questions and learn how we can protect your rights when you contact attorney Miller. You can arrange your initial consultation by using our online form or calling 330-931-3281.