posted byBagasian LawJune 29, 2021
Landlord-tenant disputes can arise for many reasons and may result in financial losses for either party.
A leasing agreement is legally binding and enforceable. Therefore, it is important to understand your rights and responsibilities when entering into such an agreement.
In this article, we will be discussing:
Landlord-tenant disputes arise when agreements made between a landlord and tenant are not honored. These disputes can occur for many reasons and can lead to litigation.
Whether a landlord or tenant decides to take their case to court depends on the nature of the agreement and if a resolution can be reached without legal intervention.
Since a landlord and a tenant are in a contractual agreement with one another, there are certain obligations and responsibilities each party has.
For example, a landlord-tenant dispute can result from missing rent payments, payments for repairs, or other breaches of the leasing or rental agreement.
In many cases, disputes arise due to a financial burden incurred by one of the two parties.
A landlord can sue a tenant for unpaid rent, resulting in financial loss for the landlord. Or similarly, if a tenant damages the property in any way, the landlord has the right to pursue legal action against the tenant in order to cover the costs of this damage.
A tenant, on the other hand, can pursue legal action in small claims court if their security deposit is not returned.
Landlord-tenant disputes are often a result of a breach of contract . This contract is the leasing agreement.
A leasing agreement is a legally binding contract signed by the landlord and tenant that outlines the nature of the contractual agreement that both parties are entering into, such as how much the tenant will pay in rent each month.
Other elements of a leasing agreement include: how much rent will be paid each month, how long the lease is, and any other obligations such as who is responsible for water, power, internet, and upkeep of the property.
If you find yourself in a landlord-tenant dispute, it is important to understand the nature of the contract you are bound by the type of legally binding agreement that you knowingly entered into.
For example, you need to know if you entered into a leasing agreement or a rental agreement.
A rental agreement is for short-term renting, such as renting month-to-month and in general, this does not lead to legal action because the landlord can simply end the contract after a month or the tenant can move out.
On the other hand, a leasing agreement lasts a much longer period of time, the most common being a yearly lease. When two parties are in a legally binding contract for a longer period of time, there is a greater chance that problems will arise.
Additionally, under a leasing agreement, a tenant cannot simply move out, as they are still bound by that contract for as long as the agreement states, whether that is one year or longer.
The landlord can choose to evict the tenant, however, there must be a just cause for doing so.
The ideal situation would be one in which no disputes arise during the term of the lease. So, any attempt to avoid a landlord-tenant dispute will save time, effort, and money.
Our real estate attorneys in Burbank will help you understand the leasing agreement in full so that you understand the obligations of this contract before entering into it.
You should understand your legal responsibilities, as a landlord or tenant, and the rights that you have within the bounds of the agreement.
These rights and responsibilities vary by state, so be sure to contact our real estate attorneys in Burbank.
In California, for example, California's Tenant Protection Act of 2019 caps the amount a landlord can increase rent and the number of times they can do so. Additionally, some cities in California have rent control, meaning landlords cannot increase rent above a certain threshold.
Depending on which state you live in, it is important to be aware of these laws and rights.
Landlord-tenant disputes can be solved out of court if both parties are willing to communicate and come to a compromise that does not involve large financial losses for either party.
However, if a law is broken or a resolution cannot be made, either party can choose to hire a real-estate attorney.
Many landlord-tenant disputes can be resolved in small claims court and a plaintiff can file a case for up to $10,000.
In order for the case to be heard by a small claims court, there must be a dispute over financial losses, such as unpaid rent or unreturned security deposit.
While some states do not allow for an attorney to represent either party in small claims court, it is important to contact an attorney before attending court so that you are fully aware of your rights and obligations.
Los Angeles-based lawyer, Alina Bagasian, will provide the best legal services, whether you are a tenant or landlord.
Possessing an understanding of real estate law , Alina Bagasaian is ready to represent your best interests and provide you with excellent legal advice.
The Law Offices of Alina Bagasian have achieved 100% client satisfaction, providing clients with unlimited advice, and offering eight different services to avoid any legal complications when buying or selling a business.
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