Understanding Rental Contracts
A rental contract is what it sounds like: a legally binding contract between two parties. One party may be looking to rent out a property, while the other party is looking to rent that property. Rental contracts are often referred to as lease agreements or simply leases.
For the tenant, a rental contract is a document that should detail all of the important terms and conditions of the transaction, from the rental price they will pay each month to whether or not they will have pets on the property. For the landlord, it is also a document that must clearly present the terms he or she wants, as well as serve to protect him or her from any liabilities.
To be valid under state law, rental contracts need to contain very specific pieces of information. For example, if they do not include a move-in date or any other important condition , that makes them far less likely to be viewed with favor in the courts should any disputes arise.
The rental contracts that are most often seen in real estate involve residential properties, but there are plenty that exist for commercial properties as well. Although there are state and federal laws that govern certain areas of the agreement, such as information your landlord is required to disclose to you, rental contracts are primarily controlled by state laws.
Some issues that might come up during the existence of a rental contract might revolve around the repair of appliances or systems within the property (such as HVAC or plumbing issues), the property becoming a nuisance to the surrounding community, or late payments/rent collection issues. Having an attorney write your rental contract can help to avoid further disputes.
The Role of a Rental Contract Attorney
Given the fact that the rental market has expanded so much over the last decade, a rental contract attorney has never been as important as they are today. Not only is a rental contract attorney a terrific resource for somebody looking to rent a property, but they also can be an invaluable resource for people looking to rent their properties out. The most important thing to remember is that they are most definitely there to protect you from unscrupulous landlords and tenants. This is why having a rental contract attorney is so important.
A rental contract attorney is most competent to draft rental agreements and contracts, and makes sure that all stipulations are included in them, such as the building rules, and the grounds rules. An attorney also has access to legal resources like security deposit requirements that may be pertinent for your area.
They are also very competent in reviewing rental agreements as well. They will leave no stone unturned when it comes to making sure that your lease or contract legally protects both parties. If you are a landlord renting property in a residence or commercial space, having a rental contract attorney review your agreements before you start renting your property is a solid idea, even if it means having to pay a little extra for it. If you ever have to worry about a lawsuit or legal action against you because of that document, you will be glad that you did.
If you are looking to rent out your property, and are creating a rent-to-own scenario for your tenants, rental contract attorney can be most valuable in putting those together as well. A good rental attorney is important, and if you were ever involved in a dispute of any kind with them, those contracts that you pay them to draft must be airtight.
When to Hire a Rental Contract Lawyer
Even if you hope to avoid issues related to your rental agreement, it can be a smart move to contact a rental contract attorney when drafting a new lease or rental agreement for the first time. This will help you ensure the document is free of legal pitfalls and is properly tailored to meet your needs.
That said, there are a number of times when it’s particularly valuable to hire an attorney to help you handle a rental dispute. Examples include: Eviction of tenants: If a relationship between a landlord and tenant is so strained that it leads to an eviction proceeding, it’s best for the parties to have the guidance of a rental contract lawyer and/or to resolve the matter with the assistance of mediation. This is vital for a number of reasons, including the fact that a successful outcome for the landlord requires a thorough working knowledge of the Georgia Landlord / Tenant Laws – an intimate knowledge possessed only by those who deal regularly with these issues.
Landlord-tenant litigation: In some cases, landlord-tenant disputes require court action, such as when one party claims the other owes back rent, property damage or other important breaches of the lease terms.
Negotiation of terms: Just as it’s wise to consult an attorney in cases where rental agreements are being drafted for the first time, it can help tremendously to have legal assistance when modifications or revisions to existing agreements are needed.
How to Select a Rental Contract Attorney
Choosing the right attorney for your real estate needs is crucial. Many times your rental may be your largest asset, and you would like to keep it in your family or invest in the property now to save on rent. While the property looks like a simple lease, you will want our guidance to insure you are not giving away any rights. In choosing your attorney for your lease, some of the considerations are: Years practicing in the field – we have 17 years of protecting clients’ rights and assets. Your attorney should have an understanding of the local laws and administrative rules. Experience with deposits, advances, real estate closings, evictions and property deeds.
Hiring a Rental Contract Lawyer – What is the Cost?
Depending on the attorney, most will charge by the hour or have set fees. In general, when hiring an attorney for a rental contract dispute in Minnesota, you’ll have to pay a retainer fee. Retainer fees can range widely, from $500 up to several thousand dollars. Typically, the retainer will be more for litigation, such as eviction, and less for negotiations and mediations.
While a $500 retainer may sound like a lot, your attorney should be able to resolve your case relatively quickly, usually under 5 hours, so a $500 retainer is not out of the ballpark. However, things can go sideways, and if they do, there’s a strong possibility that your retainer fee will just be gone at that time.
Hiring an attorney is obviously a cost, but it’s important to remember that unless your rental contract states otherwise , you’re entitled to have your attorney fees paid by the responsible party, whether that’s the tenant or landlord.
This is the exact situation we faced in a recent client case. Our client was the tenant, and they were wrongfully evicted. We filed a lawsuit in the housing court against their landlord to obtain damages and attorney’s fees, as was their legal right.
As soon as the lawsuit was filed, the landlord called our office and stated that they would settle with our client. Not only did the landlord agree to pay the tenant’s attorney’s fees and costs, but they also agreed to abide by the terms of the rental contract going forward.
Almost 90% of eviction actions are resolved before trial, and having an attorney representing you is vital to making that happen.
The Value of Using a Lawyer
Consulting with a rental contract attorney can bring a multitude of benefits to both landlords and tenants. As a landlord, an experienced rental contract lawyer provides an advantage when it comes to navigating the complexities of tenant laws, offering precise legal guidance and ensuring compliance with federal and state legislation. They can also aid in the creation of rental agreements that are favorable and legal, minimizing the risk of disputes down the road.
For tenants, a rental contract attorney can help clarify complicated provisions and terms found within a rental agreement and make it easier to determine how a contract affects their rights. They can also provide guidance on how to handle problematic situations with landlords, from security deposit disputes to conditions that make a rental unit uninhabitable and much more.
In general, a rental contract attorney can benefit every party attempting to draft or enter a rental agreement by providing greater peace of mind. With a rental contract attorney at your side, you’ll know that you have a qualified legal professional to rely on for advice, clarification, and support throughout your entire rental experience. This can save you money through fewer conflicts and disputes, as well as help you maintain good relationships with landlords, tenants, and cohabitants.
Commonly Asked Questions
As your attorneys, we’ll address the most common questions and concerns people have surrounding rental contract attorneys.
Q: Will you read my lease or rental application for me?
A: Most likely, yes. We will most certainly read and explain your rental contract to you before you sign it.
Q: I have a family member who does estate planning. Why do I need a rental contract attorney?
A: Estate planning attorneys are not experts in reviewing contracts. Not to say that they could not do so; but they don’t specialize in this area of law, and are not well-versed in issues that may arise relating to rental contracts.
Q: I live in a major city. How much can a rental contract attorney help me?
A: Cities have become more desirable, and costs have gone up accordingly. You may have even seen multiple applications and contracts for rental properties that you were interested in, and were chosen by the property owner . Those factors could be attributable to the fact that there are more attorneys in the city; however, they are also factors that may require the intervention of an attorney to ensure that the rights of the tenant are not being overridden.
Q: Is hiring a rental contract attorney really worth the cost?
A: It is investing in the protection of your rights as a consumer and a tenant. Contract terms have been written to protect the landlord and landowner; however, your interests are also protected by a rental contract. You do not have to give away your rights simply because the landlords/landowners have included their own protections.
Q: What if I’m never able to recoup the cost of hiring a rental contract attorney?
A: A rental contract attorney helps to ensure that you have protection in returning (or not returning) money you have paid. If you had an attorney review the cost of the rental contract, the legal fees, and the cost of hiring an attorney was more than what you would possibly lose, then that would be a decision you could make going forward about your future contracts.
