Are you wondering what a landlord lawyer does? Many people find themselves in need of legal advice at some point in their lives, whether as a result of a workplace dispute, divorce, or even more commonly, buying or renting a home.

However, due to the complex nature of the law, not every legal professional is equipped to navigate the unique circumstances you might be facing. This is why it’s so important to understand what different types of lawyers do and when they can be called upon to make your life run more smoothly.

Sometimes a lawyer can deal with the paperwork surrounding a rental property, or deal with disputes over a security deposit. There are many legal issues that can come up, these include:

A personal injury that happens on the land
Creating a strong rental agreement or lease agreement
Helping defend against a tenant rights complaint
Starting the eviction process and applying for reimbursement of attorney fees (from the renter)
Dealing with housing discrimination complaints
Handling small claims court lawsuits
Educating about Federal laws and housing laws

If you need a lawyer to help you, have a look at this one.

Need to speak to a Realtor?

If you’re someone impacted by the rental market in Canada, whether as a landlord or as a tenant, you may need to consult a landlord lawyer at some point in the future. Here’s what you need to know:

What is a landlord lawyer?

A landlord lawyer can provide legal advice to both landlords and tenants or represent them in court in the event of a dispute. They have an extensive understanding of real estate law in relation to lettings and can assist with a wide range of tasks such as drawing up contracts, overseeing agreements, and securing deposits. Landlord lawyers may practice as part of a legal firm or independently on a freelance basis.

What’s the difference between a landlord lawyer and a real estate lawyer?

While landlord lawyers are experts in real estate law, they differ from real estate lawyers who are commonly hired when someone is buying or selling a home.

Even if you’re buying a house or an apartment with the intention of letting it out, you will need to consult a real estate lawyer to help you complete the initial transaction. Once the property is yours, a landlord lawyer can help you to navigate all the rules and regulations surrounding renting and tenancies.

Other types of lawyers that landlords may consult with include:

Paying taxes: Whether you own just one or multiple properties, a lawyer can help you to comply with complex rules and regulations when filing your tax return. To make this process easier, it’s recommended that you use some type of cloud accounting software, which will help you to organize your financial records and share this information with your lawyer securely. It’s also worth noting that you can often claim tax back on legal expenses associated with letting out your real estate.

Probate: If you’ve inherited the real estate you plan to let out or want to draw up a will of your own, you may need a probate lawyer. They will work to ensure that all real estate is passed on to designated beneficiaries while advising on inheritance tax and paying off any debts.

Lease agreements: Running a real estate letting business is very different from letting out a second home you own. A lease agreement lawyer can assist with any additional legal documents, intellectual property rights and liability issues that are associated with running a business.

When to hire a landlord lawyer

There are lots of reasons why a landlord or a tenant might require the services of a specialist landlord lawyer. Canadian landlord law is complex and disputes can easily arise as a result of misunderstandings and breakdowns in communication. Here are some of the scenarios you might find yourself in where a landlord lawyer would be considered useful.

Evictions

If you’ve served a tenant with an eviction notice and they have refused to vacate the premises, it can be very difficult to make them leave. Similarly, if you are a tenant being served with an eviction notice, you may have the right to remain within your lodgings according to The Residential Tenancies Act.

This legislation makes it clear that landlords cannot evict tenants without first obtaining an order from the Landlord and Tenant Board. Evictions also cannot be on the basis of tenants refusing to comply with rent repayment agreements. In some instances, landlords must also provide tenants with compensation when they are to be evicted, such as when a landlord wants to use the premises as their own home.

An eviction lawsuit is more complicated than most people realize. And if you lose, it could mean a tenant could stay there rent-free for years… It’s important to get legal help from an experienced attorney.

Non-payment of rent

A tenant legally has to pay rent according to the Residential Tenancies Act, so landlords are well within their right to take legal action if a tenant fails to uphold their end of the contract. Sometimes, non-payment of rent can be resolved through communication and warning notices, especially if the issue hasn’t been occurring for long.

However, if a tenant owes a significant amount of rent, it’s likely that a landlord will find it difficult to recover the money they’re owed without legal assistance.

Legal disputes relating to health and safety

Sometimes tenants will become injured or unwell due to the condition of the home they’re living in. This could be a result of structural issues or dampness, which may or may not have arisen due to negligence.

Both tenants and landlords can benefit from a lawyer during these circumstances, as it’s important for any injured parties to receive compensation where it’s due, and for landlords to defend their position when circumstances were beyond their control.

Landlords have a duty to do necessary repairs.

Charges for damages

Landlord-tenant law stipulates that tenants are liable for any significant damage inflicted upon a landlord’s property. Typically, costs to repair damages will be deducted from a tenant’s deposit, but sometimes damages are extensive and may require additional funds to remedy.

Equally, it’s not uncommon for some landlords to claim compensation for normal wear and tear, or to ask for more money than is reasonable to cover certain damages. In this scenario, tenants can benefit from legal representation, as gradual damage that occurs over time is usually a landlord’s responsibility to fix.

Property damage to a rental unit is a common reason for lawsuits. There have been cases in New York where entire Airbnb units were damaged.

Suspected discrimination

Landlords are allowed to ask tenants questions about their income and rental history, but questions related to past disputes with the Landlord and Tenant Board or whether a tenant receives social assistance are not permitted. According to the Human Rights Code, tenants also cannot be refused the chance to rent a home based on factors such as gender, race, marital status, age, sexual orientation or place of origin.

If tenants feel they have been discriminated against in some way or have been treated unfairly, a lawyer could aid them in receiving compensation. Landlords should also be prepared to secure legal representation should a case be opened against them.

Landlord lawyer conclusion

A landlord-tenant attorney can help you understand some of the below legal concepts:

The attorney-client relationship
How to negotiate with the insurance company
The best way to deal with landlord-tenant disputes
Educating you about local laws and state law
Dealing with other property owners
How things can change if someone’s estate goes into probate
Other land legal matters
How to deal with rent control investigations

You can use our web app to find a lawyer to help you. Make sure to ask them about how large of a retainer they need to get started. Make sure the lawyer’s practice areas include landlord law. You don’t want a lawyer whose legal services are mostly in the immigration law area. Every experienced landlord should have a law firm phone number on the fridge.

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What does a landlord lawyer do?