Landlord-Tenant Dispute Lawyers
Landlords and tenants generally enter into agreements expecting a positive experience. When things go wrong, the stakes are high for both parties. Whether it’s dealing with issues like unpaid rent, property maintenance, or lease violations, speaking with landlord-tenant dispute lawyers can make a significant difference, whether you’re a tenant or landlord.
Landlord-tenant dispute lawyers specialize in resolving conflicts that arise within rental agreements, and can sometimes help you avoid a costly and drawn-out lawsuit.
If you’re looking for landlord-tenant dispute lawyers in Colorado or Florida, contact Flaxman Law Group for a consultation. Our comprehensive approach ensures that all the details of your case are handled and we focus on finding solutions that protect your rights.
Types of Landlord-Tenant Disputes We Handle
Landlord-tenant disputes can arise from a variety of issues. Here is a list of some common disputes that we tackle.
- Heat and water issues: Disagreements often occur when landlords fail to provide adequate heating or water services. If a tenant is living in uncomfortable conditions due to lack of these essential utilities, it can lead to significant disputes. We can help.
- Sanitation problems: A landlord may be accused of failing to provide garbage removal or pest control. Poor sanitation can lead to health concerns, which is why you’ll want to contact Flaxman Law Group immediately to handle this concern.
- Breach of rules: Disputes can arise when either party believes the other is violating agreed-upon rules, such as noise restrictions or use of common areas.
- Breach of lease: A breach of lease occurs when one party fails to uphold the terms of the rental agreement, whether it’s the tenant not paying rent or the landlord not addressing maintenance issues.
- Property damage: Disputes often involve disagreements over damage to the property, whether from tenant misuse or maintenance issues.
- Drug violations: Illegal drug activities in rental properties can lead to legal consequences, property damage, and losses.
- Eviction proceedings: Evictions are a common dispute, where landlords seek to remove tenants from the property. At Flaxman Law Group, we ensure evictions are by the book and we protect you from illegal evictions and tenants who refuse to leave.
- Lease changes: Disputes may arise if a landlord attempts to change the lease terms without tenant consent.
- Late rent: Delays in rental payments can create conflicts, especially if they lead to late fees or eviction threats. The Flaxman Law Group team can help you get fair treatment if you’re a tenant who can’t make the payment. We can also help you protect your investment income if you’re a landlord with a tenant behind on rent.
- Implied warranty of habitability: Tenants may dispute a landlord’s failure to ensure that the property is livable and meets health and safety standards.
- Landlord duties: Disputes can arise when landlords do not fulfill their responsibilities, such as maintenance and repair.
- Landlord remedies: When tenants fail to comply with lease terms, landlords might seek remedies such as financial compensation.
- Owner occupancy: Conflicts may occur if a landlord decides to move into the property, which can disrupt the tenant’s living situation.
- Required disclosures: Tenants may dispute if landlords fail to provide necessary disclosures, such as lead paint hazards or previous flood damage. We make sure you understand your obligations and understand what you can do if a rental property is unsafe.
- Security deposits: Disputes often arise over the return or deductions from security deposits at the end of a lease. We will also ensure that landlord’s handle the deposit process properly to ensure no issues arise.
- Illegal activity: Disputes can arise if either party is involved in illegal activities on the property, leading to legal and safety issues.
- Noise pollution: Excessive noise from neighbors or landlords can lead to disputes.
- Pest control issues: When landlords fail to address infestations of pests like rodents, bedbugs, or cockroaches, it can create unhealthy living conditions.
- Broken appliances: Disputes can occur when landlords do not repair essential appliances such as stoves, refrigerators, or heating systems. If you’re dealing with delays or neglect, we’re here to help resolve the situation promptly.
- Theft: Both landlords and tenants can accuse each other of theft, straining the relationship and even leading to charges.
- Access issues: Disagreements can arise if landlords need access to the property for repairs or inspections, or if tenants feel their privacy is being infringed upon.
If you’re a tenant, Flaxman Law Group will work to make sure you’re not taken advantage of and that you can enjoy your rental in peace. If you’re a landlord, Flaxman Law Group can work with you to make sure you handle troublesome tenants easily and can help you protect your property.
What is the Most Common Cause of Litigation Between a Landlord and Tenant?
One of the most frequent sources of disputes between landlords and tenants is unpaid rent. When tenants fall behind on their rent payments, it can lead to significant challenges for landlords, who rely on these payments to cover property expenses and maintain their investment. Landlords may need to speak with landlord tenant dispute lawyers to make sure they continue to earn a living.
On the other hand, tenants may face financial difficulties that leave them temporarily unable to pay rent. In some cases, there may be disagreements about the amount owed or a landlord may demand specific forms of rent payment. In some cases, technical issues, such as banking errors, can mean rent is unpaid.
When rent is unpaid, it’s not uncommon for the landlord to send reminders and even charge late fees. This can escalate into legal action if not addressed promptly, which is why you’ll want to consult with landlord dispute lawyers.
Lease Agreements and Tenants’ Rights
Lease agreements are formal contracts between landlords and tenants that outline the terms and conditions of renting a property. These documents typically specify the duration of the lease, the amount of rent, payment deadlines, and the responsibilities of both parties regarding maintenance, repairs, and utilities. Understanding the lease agreement sets the framework for the landlord-tenant relationship.
Tenants’ rights, on the other hand, are protections provided by law to ensure fair treatment and a habitable living environment. These rights can vary by state and even city, but generally include the right to a safe and sanitary living space, the right to privacy, and protection against unfair eviction. Tenants also have the right to be informed about any changes to the lease agreement and to dispute any unjustified charges or actions taken by the landlord.
It’s not uncommon for landlords and tenants to have different interpretations of leases and tenants’ rights. If this happens to you, contact Flaxman Law Group for a consultation. Our attorneys can explain your rights and review your lease with you. We can also work to resolve any conflicts that arise, either through negotiation and mediation or by taking your case to court, if that’s what’s required.
Responsibility for Repairs
In a rental agreement, the responsibility for repairs often depends on the terms outlined in the lease. Usually, landlords are responsible for maintaining the overall property and common areas, ensuring the property meets basic health and safety standards. Landlords are also usually responsible for major repairs in rental units–such as fixing broken plumbing, electrical issues, or structural problems.
Tenants, on the other hand, are typically responsible for minor maintenance and repairs that result from their own actions or neglect, such as replacing light bulbs or handling minor issues like a clogged drain.
The lease agreement should specify which repairs are the landlord’s responsibility and which fall to the tenant. Clear communication can help prevent disputes and ensure that maintenance issues are addressed promptly and properly.
But what happens if a specific type of repair isn’t addressed in the lease agreement? And what if the tenant and landlord disagree about what is a major or minor repair? In these cases, contact Flaxman Law Group. Our father-son attorney team can explain the state and local jurisdiction and can help you understand your rights and responsibilities.
Eviction
Eviction is a legal process through which a landlord removes a tenant from a rental property. This typically occurs when a tenant fails to meet the terms of the lease agreement, such as not paying rent, violating lease conditions, or causing significant damage to the property. In some cases, eviction is the final result of a landlord-tenant dispute that has soured the relationship.
The process usually starts with the landlord providing a formal notice to the tenant, specifying the reason for eviction and giving a deadline for addressing the issue or vacating the premises. If the tenant does not comply, the landlord can then file an eviction lawsuit in court. The court will review the case, and if it rules in favor of the landlord, a judgment is issued, allowing for the tenant to be legally removed by a sheriff or other authorized official.
It’s important for both landlords and tenants to understand their rights and obligations during the eviction process. Tenants have remedies against illegal evictions and landlords have the right to evict a problem tenant in specific circumstances.
The laws surrounding evictions are complicated. Some cities have their own laws, and these regulations can change. Keeping up with the changes and understanding what your rights and duties are is difficult, so whether you’re facing an eviction or want to evict a renter, contact Flaxman Law Group for a consultation.
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For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Do Unlawful Eviction Actions and/or Forced Entry and Detainer (FED) Action Favor the Landlord Or The Tenant?
Eviction Actions and/or Forced Entry and Detainer (FED) actions are legal proceedings to evict a tenant from a rental property. They’re generally designed to protect the rights of landlords. These actions are initiated when a tenant remains in the property after their lease has ended or if they have violated major terms of the lease agreement. The goal of an unlawful detainer action is to allow landlords to regain possession of their property.
While detainer actions favor the landlord and protect him or her from troublesome tenants, tenants also have rights. They can contest the eviction in court, challenge the reasons for eviction, or negotiate terms–such as getting additional time to move out. The court’s role is to ensure that the eviction is conducted fairly and that all legal requirements are met.
Whether you’re using a detainer action to evict or whether you’re facing losing your rental home, you may want to consult with the landlord-tenant dispute lawyers at Flaxman Law Group. Detainer actions are legal processes and you don’t want to handle them on your own. Doing so can leave you vulnerable to a lawsuit (if you’re a landlord) or can make you lose your home (if you’re a tenant). No matter which position you’re in, contact Flaxman Law Group to find out how we can help.
Why Choose Our Landlord-Tenant Litigation Attorneys
Choosing landlord-tenant litigation attorneys at Flaxman Law Group offers you a combination of decades of experience and personalized attention. Our attorneys handle everything from lease violations and eviction proceedings to complex property issues. We are committed to protecting your interests.
At Flaxman Law Group, we prioritize clear communication. In fact, when you work with us, you have your attorney’s personal cell phone number so you never have to worry about staying in touch. Our goal is to achieve favorable outcomes. While we try to resolve issues through meditation and negotiation, we’re willing to go to court to protect your rights.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact us today if you’re facing sleepless nights worrying about a landlord-tenant issue.
CASE REVIEW
50+ Years of Combined Experience,
Personal Attention to Every Case
Landlord-Tenant Dispute Results
Successfully recovered significant compensation for a disabled client after building management failed to repair a broken elevator, leaving the client trapped in their home.
Secured a lease termination and $10,000 for a tenant to cover legal fees and moving expenses after their home was found to have a severe mold infestation.
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Practice Areas
Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
Landlord-Tenant Practice Areas
Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.