The Need for a Lease Agreement Lawyer
It’s very important to hire a tenant’s attorney or a landlord’s attorney well-versed in the terms and conditions of a lease, especially in how they impact your rights. More so, because each state is different with regards to landlord-tenant law, you’ll want to hire a local attorney. Your local lawyer will be able to advise you on not only your options but also the associated risks with each option so you can make truly informed decisions .
Here are some of the questions your tenant’s attorney or landlord’s attorney will address:
Your lawyer will not only negotiate and draft your lease but also help you plan for what might happen if you breach the lease terms. This aspect of having a lease is one that many landlords and tenants overlook until it’s too late. They don’t know what to do if the agreement is violated and both parties are stuck trying to determine whether they really have the legal leverage they think they do. If you’ve talked it over beforehand with your lawyer, you both should have a better understanding of your options, obligations and protections.
Services Provided By a Lease Agreement Lawyer
A typical lease agreement lawyer is proficient in a number of different services. They can draft and review lease agreements and other related documentation, and offer advice on the various legal implications of those documents. In addition, they can help to settle disputes that might arise with a tenant or landlord. Lease agreement lawyers typically represent either the landlord or the tenant, but if you are a part of a leaser/lessee agreement, you should consult with an attorney who understands your position and obligations under the lease contract.
With regard to drafting and reviewing lease contracts, a lease agreement lawyer can help you create a lease that fulfills all of your needs. This is particularly useful if you are the owner and landlord of a rental property and do not have much experience creating contracts. The contract must identify the specific parties to the contract and any other involved parties, including their contact information. It must also fulfill specific requirements to be legally binding, including the signatures of the involved parties. A lawyer who specializes in lease agreements will understand the ways in which a contract can benefit or harm you, and help to ensure that the contract is written in a way that best protects your interests. They can even file the contracts with a government body to make them legally binding.
As an experienced negotiator, a lease agreement lawyer can also prove helpful in other areas. If a dispute arises before the lease is signed, your attorney can talk with the other party and attempt to iron out the details of the contract. Even after the contract is signed, a lawyer can negotiate on your behalf if problems arise later with the tenets of the contract. If negotiations fail and the issue turns into an active dispute, your lease agreement attorney can take the proceedings to court on your behalf. They can gather evidence and present your case before a judge to help you receive a favorable ruling on the disposition of the contract. If you win, your lease agreement lawyer can even help execute the lease and ensure that all parties follow its terms at the end of the negotiation.
Choosing a Lease Agreement Lawyer in Your Area
Lease agreement lawyers usually handle cases that involve commercial, leasehold, and residential matters. Since the leasing laws differ from state to state, you need to find a lawyer who is well versed on the laws in your area. While some lawyers practice contract negotiation, others specialize in filing lawsuits, both against and on behalf of their clients. A lawyer may also be called a solicitor or an attorney. In most cases, lawyers only handle cases in which they specialize. Additionally, a lawyer can specialize in many different areas. If a lawyer has a certain amount of experience in other contract disputes, however, they may be able to take on a case that involves a leasing dispute. Some of the factors that you may want to consider when hiring a leasing lawyer include experience, client testimonials, and the ability to submit appeals. Most lawyers are available in downtown or suburban areas of the cities in which they work. Real estate lawyers are similar to leasing agreement lawyers, but they handle more real estate issues such as closings and deeds. If you are seeking to rent an apartment or commercial space, commercial lease agreement lawyers may not be suited to your case. Here are some of the factors that you may want to consider when hiring a leasing attorney near you:
-Experience: Your lease agreement attorney should have experience in your area. Ask how long they have been practicing law, have other lawyers in the firm worked for any other firms, and whether they have handled cases similar to yours before. Do not be afraid to ask for references and contact them. Experience is key, especially if your lawyer specializes in other types of law.
-Testimonials: You may be able to find testimonials online about the leasing lawyer you are thinking about hiring. Testimonials are objective statements from clients who have previously worked with your potential lawyer on other cases. Companies like Avvo even provide ratings about lawyers and law firms.
-Appeals: Your leasing lawyer should be experienced with appeals so that they can extend their services if needed. Most hiring attorneys provide appeals when they believe they can help their clients win against a verdict. When they cannot win an appeal, however, they will refer their clients to another law firm that may be able to help them.
Importance of a Local Lease Lawyer
The benefits of hiring a local lease agreement lawyer are plentiful. First and foremost, they understand the local laws that govern residential and commercial leases. Being in tune with regional laws can ensure that your lease agreement has powerful protections for you, the reader, or off-sets knees that could be violated as illegal. Also, if you choose to litigate over an issue presented in the lease, your lawyer will be required to be familiar with your local court rules and procedures which can very from county to county. You do not want an unprepared or unqualified lease lawyer representing you, probably the most important contract you will enter into .
Secondly, the lease lawyers will be very familiar with the unique qualities and problems presented to local tenant and property owners. There may even be a heightened familiarity with the exact property at issue, and they lawyer’s approach to the case will surely benefit from this local experience.
Thirdly, a big benefit of having a local lease lawyer is the ability to meet for a consultation if you so require. Some lawyers do consultations by phone, but nothing beats an in-person meeting to discuss the details of your potential case. This is especially true for lease litigation, where your lawyer must have thorough understanding of all aspects of the case before entering pretrial litigation.
Common Legal Issues With Lease Agreements
Common Legal Issues With Lease Agreements and How A Lawyer Can Help Resolve Them
Lease agreement disputes between landlords and tenants can be quite stressful and costly. Ignoring a lease agreement problem is never a good idea, especially if it is an issue with payment or an agreement in the lease that you want to challenge. Having a lease attorney review your agreement for you can help alleviate some of these stressors and ensure you are following the right course of action.
Disputes over Identification of the Tenant
Who is listed as a Tenant on the lease agreement? Both the Landlord and the Tenant(s) have obligations and rights under the law and the lease agreement. If it becomes necessary to enforce an agreement with someone who was not a party to the agreement, that could be an issue later on down the road.
The Lease is Difficult to Understand
Consider this situation: A landlord moves into a new state or city and the lease agreement that is presented to them is from a different state. They thoroughly read the language within the lease and they do not understand some of it or some of the legalities involved. Even if the agreement is local, it may be beyond their understanding. Understanding what is being agreed to before you sign is imperative and a lawyer can help lift the confusion.
Is the Lease Ambiguous?
A lease with ambiguous language can be a source of contention and confusion. Uncertainty can lead to nonconformity and mistrust between you and your landlord or tenant. A lawyer can clarify things for you and help you sort out issues within the agreement before they become even worse down the road.
Failure to Understand Legal Rights
There are legal Rights that Tenants and Landlords have and these may change based on your state or local laws. A fair lease agreement should uphold these rights. A lawyer can help determine if you have legal rights within the agreement, as the landlord or the tenant. If you do not have the proper legal rights, it might be your agreement that has reached a point where it needs to be modified.
Being Outside of Your State or Local Laws
If an agreement is not in line with your State’s laws, it does not mean that it is okay or legal to sign. A lawyer can go through the legalities for you and help you make sure your agreement is legal and acceptable under your laws.
If you are uncertain about any details of a lease agreement, it may be time to speak with a local lease attorney in your area to review the contract and understand your rights and obligations.
Frequently Asked Questions About Lease Agreement Lawyers
There are quite a few concerns that arise when deciding whether to hire a lease agreement lawyer and who to consider. At the law firm of Gassman, Crotty & Denicolo, P.A., we have compiled a list of frequently asked questions we have received about commercial and residential lease agreement lawyers.
How much does a lease agreement lawyer cost?
The cost of hiring a lease agreement lawyer can vary based on the billable rates for your lawyer, the length of your engagement, and more. Your lease agreement lawyer may also charge a flat fee for tasks such as reviewing your lease, perusing the tenant’s financial records, negotiating lease terms, and inviting you to real estate closings. To ascertain the total cost for hiring a lease agreement lawyer, contact your attorney’s office to schedule an appointment; staff will ask you several qualifying questions regarding your needs and provide you with an estimate after obtaining this information.
When should I schedule a consultation with a lease agreement lawyer?
If you’re considering hiring an attorney to review a residential or commercial lease , it’s best to schedule a consultation with them as soon as you receive the draft of your lease. If you’re a landlord or tenant who has already signed a lease that you would like to change, consult with a lease agreement attorney – even if you have an already-signed lease – for assistance in amending or supplementing it.
What should I bring to my first meeting with my lease agreement lawyer?
As a landlord, you should bring a copy of your lease agreement, as well as any maps, blueprints, and other diagrams related to the property and draft. It’s also pertinent to provide copies of any background checks and information typically provided by your tenant to a landlord, in addition to copies of inspections, permits, codes, licenses, public records, and leases for similar properties.
As a tenant, bring a copy of your existing lease and draft lease, any background checks and information not provided by the landlord, business plans, and a list of co-insured parties.
