Whether you have been a renter or you have been a landlord (or perhaps both), you have likely encountered a variety of different circumstances that led you to consult real estate laws. Each state has different real estate laws, and some people may perceive that laws favor one party over another.
How Do Some Laws Favor Landlords?
Many renters become distressed if they learn they are not able to provide their own repairs and then deduct the cost of those repairs from their rent. Rather, they may have to wait for the landlord to fix every little thing that pops up. If the landlord fails to address issues right away, they struggle to feel comfortable in their own homes.
In some states, a landlord may have longer before he or she is required to return your security deposit. While the landlord is allowed to take out any deductions to cover damage to the home, they do have to return it in a timely manner. The law may have a different definition of "timely" than you, of course.
How Do Some Laws Favor Renters?
In some states, it is legal for a renter to withhold rent if the landlord fails to provide the renter with adequate living quarters. For example, the landlord may fail to fix plumbing, preventing an renter from having any kind of access to water in the house. This is a serious habitability issue all renters should consider when they choose where to rent a home or apartment.
In many states, landlords must give a certain kind of notice before they can raise the rent. Laws benefit renters when they require the landlord give a 60-day notice. In some states, these laws don't necessarily exist, and the landlord can choose to raise rent when he or she pleases.
Additionally, a landlord cannot simply evict a tenant if he or she is slightly late on the rent in some states. The landlord must give notice after a certain number of days have passed and then go through a legal eviction process. In some states, this is not the case.
What Can You Do?
Regardless of whether you are a tenant or a landlord, you need to know which laws are on your side. Contact a real estate law firm (such as Barrett Twomey Broom Hughes & Hoke LLP) today to learn more about your situation and the specifics it entails. You may be surprised at your state's laws.