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Rental Law

Rental laws are a combination of state statutes, common law, federal law, contract law, and property law. Housing codes also affect the renting of residential property. Landlord-tenant issues for both residential properties and commercial rentals and leases are governed by these laws. In most states, cases concerning landlord-tenant disputes of less than $5,000 are handled in small claims court. Some states, however, have a district Landlord-Tenant Court to hear such disputes.

Rental laws, commercial rental laws, tenant laws, eviction laws, and the procedures concerning an eviction notice vary from state to state and from jurisdiction to jurisdiction. When choosing a lawyer to represent you in small claims court, landlord-tenant court, or district court; or to prepare contracts, make sure that they are experienced in practicing rental law in your state.

Rental Laws of Interest to Tenants

If you are a tenant, you will need to be informed about topics such as tenant screening, security deposits, damages versus normal wear and tear, renter's insurance, subleasing, breaking a lease, and rent collection.

Tenants may also be concerned about such things as no-pets policy, pet deposits and late charges, as well as the landlord's right to access to the property. If you fall behind on your rent or lease payments, you may need to consult an lawyer with knowledge of eviction laws and the rights of tenants.

Rental Laws of Interest to Landlords

Landlords also need to be informed about applicable laws concerning contracts, eviction laws, the rights of tenants and the rights of property owners, in addition to the standard laws about rentals. If the property rented or leased is a commercial property, commercial rental laws come into play.

The landlord has more to lose than the tenant, because of the value of the property and the chance that the tenant may devalue the property by damaging it or making it inhabitable. Late payments can cause cash flow problems for the landlord and they may be concerned about subletting, especially if they screen their tenants.

Landlords need to know their legal rights concerning security deposits, pet deposits, tenant screening, subletting, requiring renter's insurance, rent collection, collection of late fees, access to property, and so forth. They also need to be aware of their responsibilities as a landlord.

Consulting with an lawyer who specializes in rental laws from the beginning is a good idea. Contracts prepared by such lawyers can provide enormous protection for the landlord, as well as making sure that the contract complies with the law and is enforceable.

Eviction Laws

Eviction laws are primarily designed to protect the rights of tenants, but the landlord's interests and rights to reclaim the property are also addressed. A landlord who makes an unlawful eviction could be found liable to compensate the tenant for costs in the court of law. To avoid such costs, it is beneficial to consult with an lawyer that specializes in rentals or leases to clarify the procedure spelled out by eviction laws.

An eviction notice must be provided to the tenant in writing and in accordance with rules of the state or jurisdiction in which the property is located. In most states, a tenant can be lawfully evicted for failure to pay rent, violation of the contract or expiration of the lease. There may also be some terms in the rentalcontract that give the landlord the right to terminate the lease under certain circumstances.

Commercial Rental Laws

When a landlord violates commercial rental laws, especially in connection with an eviction, the potential for liability for the tenant's economic loss is much greater. If a tenant under a commercial lease is unlawfully evicted, the landlord may be held responsible for loss of business due to the eviction. It is critical when attempting to evict a commercial tenant, that the landlord seek expert legal advice.

Commercial rental laws differ from residential rental laws. It is imperative to hire a lawyer who specializes to commercial leases to prepare commercial rental agreements and lease agreements. It is also critical to consult with an lawyer who specializes in commercial rentals when it comes to evicting a tenant under a commercial rental agreement or lease agreement.

The Necessity of Hiring an Attorney

It is always advisable to hire a landlord-tenant lawyer when contracting for rentals or leases, serving eviction notices or taking the other party to court to resolve landlord-tenant disputes. If you are thinking about issuing an eviction notice, or if you received that dreaded notice, you definitely need legal assistance.

Sometimes, problems present themselves that don't necessarily require the hiring of a lawyer, but require obtaining reliable information about your legal standing under rental laws. Whether you are a landlord or tenant who is interested in information about rental laws, commercial rental laws, tenant laws, or eviction laws, it is beneficial to you to get legal help.