Real Estate / Housing Lawyers
Real Estate / Housing Lawyers
If you are a renter, a home buyer, a homeowner, a home seller, a renter, or simply someone who is using or living on a piece of property, then you most likely have legal rights to protect, which is where a real estate attorney comes in.
By way of example, if you are a renter, then you have the right not to be discriminated against when applying to rent a property, and, once you move in, you have rights to the quiet use and enjoyment of your home, that it be maintained in a safe and habitable condition, and that your landlord account for your security deposit and honor the terms of your lease. Depending on where you live, as a renter you might also be protected from rent increases by rent control laws, and you might have the right to remain in your home subject to certain notice and buy-out conditions if the landlord wants to evict you, re-rent, or sell the property. Though you don’t own the property, you would still want to consult a real estate attorney in these cases.
Housing and real estate laws vary from state to state and municipality to municipality, and an experienced housing or real estate lawyer will help you understand your rights, make a plan, will negotiate for you, or even appear in court on your behalf if needed. A housing or real estate attorney near you will understand your local housing market, the laws and customs that govern what you can expect, and can help you navigate landlord-tenant issues, rent control, property taxes, residential and commercial real estate, evictions, foreclosures, and more.
Landlord-Tenant: Rent & Evictions
A Court Buddy real estate attorney can help you with landlord-tenant, rent & eviction disputes. This includes issues between a landlord and a tenant, involving security deposits, rent, late or overdue rent, rent control, nuisance issues (such as noise), the condition of the property, evictions, unlawful detainers (lawsuits where a landlord contends the tenant or other person living in the property has no legal right to be there), or other issues. These matters can be small claims matters or can be heard in their own court, depending on the amount at issue and the court rules where you live. A Court Buddy real estate attorney can represent you and protect your interests in these matters.
Additional Information You Should Know During The Coronavirus Pandemic:
These are difficult financial times. During the coronavirus (COVID-19) pandemic, people are losing their jobs, being furloughed, or having their work hours reduced. You are not alone if you are struggling to pay your rent during the coronavirus (COVID-19) pandemic. Here are some resources you can use, and things you should know if you need help.
1. Read Your Lease; Know Your Rights: Your lease will set forth what can happen if you do not pay rent, and on what timeline. Often, your landlord will not have the right to act on a missed rent payment for a period of time, such as 30-days. That means that if you miss one payment but pay two months’ rent the following month, you cannot be evicted. The key is to check your lease.
2. Explore Local Eviction Relief Programs: Many cities, San Francisco, Los Angeles, and New York City, amongst others, have implemented 90-day moratoriums on evictions during the coronavirus (COVID-19) outbreak. If you are a tenant in a city with an eviction moratorium in place, you cannot be evicted during that period of time, even if you miss your rent payments. Moreover, most courthouses are closed for the duration of the coronavirus (COVID-19) pandemic, while the “shelter in place” orders are in effect. No eviction proceedings can proceed while the courthouses are closed. That does not mean that you do not have to pay the rent -- you will have to pay it at the end of the moratorium if not before -- but it means you cannot be evicted right now. The main point is not to panic during this difficult time. And to know your rights: know that you cannot be evicted.
3. Talk to Your Landlord: If you are going to miss a rent payment, talk to your landlord directly. Let your landlord know what is going on (for example, that you have had your hours reduced but are looking for other jobs) and give a realistic estimate of how much you can pay, and when you can pay your rent. Personal contact goes a long way. If you are a good tenant and have a good relationship with your landlord, they may be willing to work with you. Ask if they will accept a late payment or if you can pay your rent in installments. If the reason you need accommodation is that you have been harmed by the coronavirus (COVID-19) pandemic, it is important to say that. Remember, because your rent bill will come due eventually, it makes sense not to fall too far behind, and to work with your landlord.
4. Reach Out to Nonprofits and Explore Government Assistance Programs: There are charitable programs -- such as Catholic Charities, The Salvation Army, and The United Way -- that offer assistance when people fall behind, and there are government programs, for example, Veterans’ relief programs, that might be available to you.
5. Explore a Personal Loan: If your financial problems are temporary, you should explore a personal loan, from an institutional lender or even a friend or family member. If you are employed, often employers try to set up temporary assistance programs for employees. Sometimes it is better to take a temporary loan that you can pay back overtime at a rate you can afford than to fall too far behind and face a rent bill you cannot repay all at once. The main point to remember is that we are all going through difficult times due to the coronavirus pandemic and its economic fallout, and we are all in this together.
The main thing for you to know is that you have rights. As a tenant, you cannot be harassed and you cannot be evicted without due process. Remember that if you are threatened with eviction, or worse, locked out of your home. If that happens, you should consult with a lawyer to assert your rights.
Sometimes you need more help than working with your landlord will afford you. If you find yourself in that situation, Court Buddy can help. We have experienced lawyers nationwide who can help you with your personal financial situation; they can talk with you to better understand your situation, review your lease, review the local laws and protections that apply to you, and help you understand your rights. They can provide you with advice and counsel, make a plan, and negotiate for you and your family. There are many ways for you to catch up and stay in your home.