Landlord-tenant regulations govern all facets of renting residential and commercial property. Every state has its own laws that regulate numerous faucets of the landlord-tenant relationship, including:
- Specifics of the lease;
- Security deposits;
- Repairs; and
- The landlord’s right to access the rented property.
A landlord-tenant dispute may arise due to a number of different legal issues, including, but not limited to:
- Broken lease agreements;
- Eviction actions;
- Housing discrimination;
- Various issues with maintenance and repairs; and
- Other issues.
It is important for an individual to identify the issues that appear in their case. It is very likely that these issues will become the basis of a lawsuit or claim, which will, in turn, dictate the potential outcomes of a case as well as the types of remedies that may be recovered.
In general, the more evidence that a party has to support their claim, the better their chances are of winning their lawsuit. Although having strong evidence does not necessarily mean that one party is guaranteed to win, it does make it easier to demonstrate the elements of proof required under certain laws.
For example, an individual should attempt to keep organized records of all of the correspondence and paperwork between them and their landlord or management company until their security deposit is returned. In addition, an individual should ensure they read and review their lease agreement.
In many cases, the answers to a landlord-tenant dispute will be contained in the lease. For example, a lease typically contains language outlining which party is responsible for making repairs.
If a tenant sues their landlord for failure to fix something that the lease states is actually the responsibility of the tenant to fix, the tenant could have avoided the dispute totally by simply reading their lease. An individual should also consider how and where their dispute is being discussed.
This will dictate how the individual approaches their case, what their ultimate resolution may be, and whether an individual will need to hire a lawyer to help them with their case. For example, if an individual has not yet filed a claim and they believe they may be able to work out their issues with their landlord on their own, they should request an appointment to discuss the issue first.
In contrast, if an individual’s landlord is blatantly violating the law and behaving in a way that requires court intervention, an individual may want to find a local landlord-tenant lawyer to represent them in court.
How Can I Prepare a Strong Landlord & Tenant Dispute Case?
As discussed above, preparing a strong landlord-tenant case requires a valid claim, solid evidence, and the basic knowledge of the legal issues and relevant laws that are involved in the dispute. If an individual intends to represent themselves, they may find some of this information as well as other legal materials by visiting the website of the court where the case was filed.
If a landlord-tenant dispute involves a third party, such as a roommate, the parties involved may want to ask if the roommate or other parties who have knowledge of the situation may be willing to serve as a witness in the case. Another consideration for the parties involved may be participating in mediation or other informal negotiation sessions.
Even if the parties cannot agree during the negotiation sessions, they can still use these attempts to show the court that they made a good faith effort to resolve the issue on their own first. This will be looked favorably upon by the court and will also demonstrate that it is, in fact, necessary to request guidance from the court.
A strong landlord-tenant dispute case will be able to address the needs of at least one of the parties. Meaning, the party who files the lawsuit should be able to express what they hope to obtain from the lawsuit.
The individual should also indicate the type of legal remedy that they want to recover to compensate them for the harm resulting from the dispute.
What Is a Landlord-Tenant Lawyer?
An experienced landlord-tenant lawyer can assist both landlords and tenants when issues arise. For a tenant, a landlord-tenant lawyer can assist a tenant:
- Who has been discriminated against;
- Whose landlord is evicting them illegally;
- When their landlord will not make the necessary repairs for them to reside in a livable place;
- Who has been injured because of the state of the property; or
- Whose landlord has broken the lease.
For landlords, landlord-tenant lawyers can assist when tenants:
- Have breached the contract;
- Are not paying the required rent;
- Are using the property for an illegal means; and
- Have stayed past their lease without paying rent and have become a trespasser.
If you have a conflict with either your landlord or tenant, you should consult with an attorney for advice.
Can I Collect Attorney Fees in a Landlord-Tenant Case?
In general, courts in the United States do not permit the prevailing party in a lawsuit to collect their attorneys’ fees from the loser of the lawsuit. Typically, recovery is only granted when a party has acted in a particularly reprehensible, reckless, or malicious manner without excuse.
Landlord-tenant and housing disputes usually involve the non-payment of rent or a rent increase. Some housing lawsuits involve alleged discrimination that is based on:
- Race;
- Gender;
- National origin;
- Color;
- Age;
- Religion;
- Sex; or
- Disability.
When Can I Collect Attorney Fees in a Landlord-Tenant Case?
There are state and federal laws in place that protect the rights of tenants, including:
The FHA is administered by the Department of Housing and Urban Development (HUD) and the Office of Fair Housing and Equal Opportunity (FHEO). These housing legislations include fee shifting provisions that allow for the recovery of reasonable attorneys’ fees by the prevailing party.
A landlord has a duty to adhere to FHAA requirements as well as to other statutes. If the landlord does not do so, their actions are considered to be a wrong against the public.
These acts may be punishable by awarding additional punitive damages in addition to the payment of the other side’s attorneys’ fees. The amount of damages a court will allow the other party to collect for attorney’s fees will depend on several factors, including:
- The difficult of the work;
- The time spent on the case;
- The reputation of the attorney; and
- The typical fee for housing discrimination cases.
Although attorneys fees may be awarded in landlord-tenant cases, the tenant has to be careful. Attorneys’ fees will only be awarded to the prevailing party when a final judgment has been awarded.
If the landlord prevails in the case, they will be considered to be the prevailing party and the tenant will be required to pay their landlord’s attorneys’ fees.
Should I Hire an Attorney?
If you have any issues, questions, or concerns with their landlord or tenant, it is important to consult with a landlord-tenant lawyer. Your lawyer will advise you of your options and see if your issue can be resolved without litigation.
If your case requires going to court, your attorney can help you file your claim as well as represent you throughout the process. Because landlord-tenant laws vary by state, it is important to consult with a lawyer in your area about your claim and possible available remedies.
