When Your Landlord-Tenant Dispute Requires a Lawyer
Many landlord-tenant disputes are relatively minor and can be resolved through cordial conversation and quick reference to the terms of the lease. However, other times, a lawyer is necessary to ensure that both parties are not running afoul of the law, which could be very costly for either party. The following are a few situations in which a landlord or tenant should strongly consider consulting a lawyer:
- Evictions or lockouts
- Accusations of discrimination or retaliation
- Accusations that a landlord is failing to make necessary repairs
- Actual or perceived injury due to dangerous premises, such as those due to:
1) Poor maintenance, 2) Damaged stairs, floors, ceiling, or walks, 3) Toxic mold or substances in building, 4) Negligent security - Damage to the rental or personal property
Landlords should be especially wary of taking unilateral action (such as a lockout or sudden eviction) against a tenant as the laws give very specific procedures for handling most forms of dispute. In the event of such action, tenants can often bring successful litigation that may cost a landlord much more than the cause of the initial dispute. As soon as disputes arise, tenants and landlords should try to keep as much communication in writing as possible so it can be used as evidence in the event of a lawsuit.
Sometimes, it is only necessary to consult with one of the real estate lawyers at Polewski & Associates to determine what actions are appropriate and legal on the basis of the dispute and the terms of the lease. We are skilled at representing clients in alternative dispute resolution (mediation and arbitration). But if necessary, the Dallas, Texas real estate lawyers of Polewski & Associates can help you pursue litigation. To learn more, schedule a consultation today.
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