Landlord and Tenant Attorneys
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Landlord & Tenant Law Overview and Information
Landlord-Tenant law deals with issues of commercial and residential leases. A commercial lease is a detailed written agreement for the rental by a tenant of commercial property owned by the landlord. Commercial property differs from residential property in that the property's primary or only use is commercial, rather than serving as a residence. Commercial leases are often more complex than residential leases, have longer lease terms, and may provide for the rental price to be tied to the tenant business's profitability or other factors, rather than a uniform monthly payment. A "triple net" lease includes both taxes and insurance in the rent and makes the tenant responsible for maintenance and repairs.
Tenants have a legal obligation to keep the premises in a clean and sanitary condition and pay the agreed upon rent. Failure to do so may result in eviction or forfeiture of security deposit funds. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant's moving out, paying less rent, withholding the entire rent until the problem is fixed, making necessary repairs, or deducting the cost of repairs from next month's rent. The landlord may be sued for a refund of past rent, and in some circumstances can be sued for the discomfort, annoyance and emotional distress caused by the substandard conditions. States typically require landlords to provide a specific amount of notice (usually 24 or 48 hours) or "reasonable" notice before entering a rental unit.
Attorneys who practice in the area of landlord-tenant law provide services to professional management companies, private landlords, tenants, and tenant associations, related to the following issues, among others:
- Abandoned Property
- Amendment of Lease
- Breach of Lease
- Commercial Leases
- Fair Housing Act
- Holdover Tenancy
- Lots and Lands
- Personal Property
- Premises Liabiltiy
- Rent Control and Rent Stabilization
- Residential Lease
- Rules and Regulations
- Security Deposits
- Shopping Center
- Subordination of Lease
- Temporary Leases
- Termination of Lease
- Unlawful Detainer
Attorneys who practice in this area typically handle other matters, such as liability for criminal acts, lead poisoning, asbestos litigation, and other issues.