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Find Real Estate Law Lawyer

Find Real Estate Law Lawyer

Real Estate Law

Real estate governs the rules and regulations associated with the maintenance, transfer, and leasing of land. This most commonly includes buying or selling a home, land use, loans associated with the purchase of land, or rules governing the construction of buildings. Another major component of real estate law is leasing or renting land to live on.

S.B. Nickse Law Offices, LLC

10 years in practice
Business Arbitration, Business Law, Neighbor Disputes
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Klinedinst Attorneys PC

40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
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Capital Partners Law

3 years in practice
Business Law, Business Litigation, Commercial Real Estate, Communication and Internet Law, Intellectual Property
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Klinedinst Attorneys PC

40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
View Profile

Capital Partners Law

3 years in practice
Business Law, Business Litigation, Commercial Real Estate, Communication and Internet Law, Intellectual Property
View Profile

S.B. Nickse Law Offices, LLC

10 years in practice
Business Arbitration, Business Law, Neighbor Disputes
View Profile

Real Estate and Rentals

Most people in the U.S. rent their living spaces. This means that the majority of interactions that Americans have with real estate law fall into the categories of tenant rights, evictions, and landlord rights and responsibilities.

Landlord Rights and Responsibilities

Landlords have a number of rights and responsibilities in real estate law. On the one hand, they have wide discretion in matters such as raising rent. A landlord may generally increase rent by as much as they would like. However, they are forbidden from doing so while there is an active lease agreement in effect. That means that if a tenant has signed a year-long lease, then the landlord must wait until that year lease has concluded before raising rent.

Landlords must also adhere to accessibility laws. This can include renting an apartment on the ground floor or installing ramps for a tenant with disabled movement capabilities. Other responsibilities of landlords may vary by state, county, region, or city.

Tenant Rights

While applying to rent an apartment can feel intimidating, tenants actually have a number of rights under real estate law. To begin, when a tenant is applying to rent a property, they may not be denied based on protected classes such as:
- Age
- Color
- Disability status
- Family status
- National origin
- Race
- Religion
- Sex

In addition to being protected by federal law from housing discrimination, tenants are also entitled to certain information about their applications. According to the Fair Credit Reporting Act, if a tenant is rejected due to a credit check, the landlord must disclose that information.

Tenants in an active lease also have certain rights. For example, tenants have the right to live in a residence that is safe and has usable heat, utilities, and water. If anything breaks in your residence, your landlord is required to repair it. Tenants also have a right to privacy, preventing landlords from entering unannounced even if they are showing the unit or making repairs.

Evictions

One of the most contentious areas of real estate law, eviction is a process that can be used by landlords to legally reclaim a leased property from tenants who are unwilling to leave. Evictions can be impacted by state, local, federal, and common law as well as the terms of the lease and court decisions. Before an eviction can be carried out, the landlord must give tenants a Notice to Quit. This notice will include the reason for eviction which most commonly will be for failure to pay rent, non-trivial lease violations, or lease expirations. The Notice to Quit must include information about how to prevent eviction.

There are some limits on evictions. A landlord may not evict a tenant for discriminatory reasons. Additionally, landlords may not evict a tenant as retaliation for reporting housing code violations, discriminatory renting practices, or landlord misconduct.

Helping You Find Certainty

Real estate law is intrinsically personal. Whether dealing with personal properties, or with a leased property, it can be an emotional and stressful process. In order to ensure that your rights are protected in the real estate world, you will need the help of a real estate attorney. A real estate attorney can help you appeal evictions and protect your real estate rights.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.

Real Estate Law Frequently Asked Questions

1. Can my landlord raise my rent?

The short answer is yes. Landlords can raise rent and with rare exceptions, there is no limit to how much the landlord can increase the rent. There are some limits on rent increases. Those are based on the contract signed.

If your rental contract is for one year, then at the end of the year lease your landlord can raise your rent. Similarly, if you rent month-to-month then at the end of the month your landlord can increase your rent every month. Some states may have rules that require advance notice of rent increases but this may only trigger if rent increases by a certain amount. 

2. What do you need to rent an apartment?

In order to rent an apartment, you will need to fill out and submit a number of documents to qualify. First, you will need to fill out an apartment application. This application will require basic information about you and ancillary facts including the intended move-in date. As a supplement to the rental application, you may be required to submit W-2 forms as proof of income and you may be required to submit to a credit check. 

3. Can I rent out my home?

There are many ways to rent out your home. You may want to consider hiring a real estate attorney to help you draft a rental contract that fits your needs. Other services such as property management companies can help you set rent, find tenants, and acquire landlord insurance. 

If you choose not to hire outside help, you will have to conduct tenant screenings, verify credit and pay stubs, and investigate rental history. This can take a significant amount of time and effort but will ultimately result in a stream of income from your rental home or property.

4. Does rent affect my credit score?

The payment of rent can affect your credit score. If you miss rent payments or pay late, your credit score can be negatively impacted. However, paying rent on time may not always boost your credit score. 

Some credit scoring systems, such as FICO 9 and VantageScore, will incorporate rent payments, but often the onus is on the landlord or property management company to report the payment of rent to credit reporting agencies.

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