History Of Lease Agreements
Lease agreements or leases are legally binding contracts between a landlord and a tenant (or lessor and lessee). Such contracts are meant to outline expectations, responsibilities, and other considerations for both parties. For example, the specifics about the property itself, such as its location and size, will be found in a lease agreement, along with other important elements like terms, payment schedules, penalties for breaches, and more .
These contracts come in two forms—written and verbal. However, while oral or verbal lease agreements are legally binding—and therefore enforceable—they can be more difficult to prove in the event of a dispute. This makes it all the more important for both parties to document all agreements in writing.
Why A Lease Agreement Attorney
A qualified attorney specializing in lease agreements can serve multiple essential functions in the negotiation and drafting of these complex documents. Specifically, their ability to review and analyze lease terms allows them to identify and potentially remedy key financial and operational conflicts at the outset of a lease. Attorneys may also pass knowledge regarding applicable zoning, land use, and environmental law, which can prevent disputes that occur when the lease unintentionally violates an oversight in local statutes. By taking the time to hire a lease agreement attorney, landlords are taking the first step in ensuring a mutually agreeable and predictable transaction.
Common Problems Solved By A Lease Agreement Attorney
The most common problems and issues that a lease agreement attorney is able to resolve may include tenant defaults, property damage, podiatric disputes, breaches of the rental agreement, the tenant failing to pay rent, and evictions. One of the common causes of lease agreement disputes between tenants and landlords is the tenant’s failure to pay rent.
When a tenant begins to default on their rent, a landlord may contact a lease agreement attorney who is pleased to contact the tenant on the landlord’s behalf. A letter to the tenant, written by the landlord’s attorney, creates a sense of urgency, and most likely the tenant will move to get caught up on their rent so they do not have the additional expense of an attorney involved.
If the rent is still not paid, evictions can be a swift, cost-effective remedy. A properly trained, licensed lease agreement attorney can guide the landlord through the entire process, including dealing with the court and filing all the paperwork needed to obtain a judgment against the tenant and collect.
If the landlord has a good standing with the tenant, lease agreement attorneys will generally attend the eviction proceedings with the landlord as a favor, billing on an hourly basis should there be any disputes that arise on the day of the hearing.
Another common dispute that lease agreement attorneys can help to resolve is a lease agreement violation such as a tenant causing significant property damage. The attorneys have experience and knowledge about the law and can prepare a breach of contract motion against the tenant and their security deposit.
Some states have a "damage deposit", which is essentially the same thing as a security deposit; however, they are not universally the same thing, so if you are renting out a property, make sure to check with a lease agreement attorney in your state to ascertain what each term means. Tenants are not usually happy about the prospect of losing their security or damage deposit, or being sued for damages over and above the amount of the deposit; therefore, lease agreement attorneys will often write a letter to the tenant to initial outlining the charges that will be added to their ledger against them should the tenant continue to cause damage to the premises. If the tenant moves out, the balance can be requested from collections.
One other common issue that lease agreement attorneys encounter is the tenant leaving multiple, uncoordinated items at the property that make it necessary to hire a junk removal company. In some states, this can be done through small claims court if the items are tagged by the moving company and have not been claimed by the tenant within a specific number of days. Again, a good rental agreement (which can only be drafted by licensed attorneys) will have a provision included allowing for junk removal to be charged to the tenant should they leave property at the rented premises.
Considerations For Choosing A Lease Agreement Attorney
When it comes to selecting an attorney to handle your lease agreement, there are several key considerations to keep in mind. The experience and specialization of the attorney you choose can have a significant impact on the outcome of your legal matter. An attorney who specializes in lease agreements will have a thorough understanding of the relevant laws and regulations, as well as the practical implications of various provisions. This expertise can be invaluable in ensuring that your lease agreement is fair and legal.
In addition to specialization, experience is another important consideration when choosing a lease agreement attorney. An attorney with a track record of success in handling lease agreements will be better equipped to navigate the complexities of your case . They will also be more familiar with the local courts and judges, giving them an advantage in negotiating and litigating your lease agreement.
Client reviews can also provide insight into an attorney’s capabilities. Reading reviews from other clients can give you an idea of the attorney’s communication style, responsiveness, and overall effectiveness. It’s important to choose an attorney who you feel comfortable working with and who will keep you informed throughout the process.
Ultimately, the best attorney for your lease agreement will be someone who has the right combination of experience, specialization, and client reviews. Take the time to research potential candidates and choose an attorney who you feel confident will represent your best interests.
Cost Of Hiring A Lease Agreement Attorney
The cost of hiring a lease agreement attorney can vary depending on the complexity of the lease and the experience of the lawyer, but they’re generally more cost-effective than relying on "do it yourself" documents or agreement forms. In fact, a bargain lease forms may fail to adequately protect a landlord – with disastrous consequences.
Some attorneys charge by the hour. In that case, obviously, a more complex and time-consuming lease will cost more. Hourly rates for lease agreement attorneys generally range from $150 – $350 per hour (or more), depending on the market. Attorneys who focus on landlord/tenant agreements may charge less than other business attorneys.
Others legal professionals charge a flat fee for a lease. In some areas, these agreements may cost less than $500. Often, lawyers charging a flat fee may include certain contingencies – e.g., reviewing a tenant’s rental application – within the flat fee cost.
Again, please note that these are only estimates of lease agreement attorney prices. Your local rates may be somewhat higher or lower based upon the market in your area.
Regardless of whether an attorney charges an hourly or flat rate, a lease agreement attorney will almost always save you money over relying on free forms off the internet or purchasing legal document software programs – particularly when the lease contains contingencies.
Also, often a lease agreement attorney will schedule regular lease reviews – such as a review of the lease at renewal time. Lease review enables you to be sure the document is up to date and no new contingencies have arisen that might not be protected.
Hire An Experienced Lease Agreement Attorney
When it comes to locating a qualified lease agreement attorney, you have a number of resources at hand you can use. Take full advantage of these resources and ensure that you find a professional who can do the job and do it well. First, you can go online and focus on the areas in which you need the most assistance. For example, if you seek help with a commercial lease agreement, a targeted search of the ability of an attorney to handle commercial leases is a good place to start. Once you narrow your search down to a handful of options, check out their websites and what they can bring to the table to support your lease agreement needs . Second, consider the advice from people you trust who can help in the search process. The people you choose to consult should be people with whom you are associated or have some kind of connection. For instance, people you know who have hired you to negotiate a new lease agreement for their office or retail store might be able to recommend a capable attorney to assist you with the task. Finally, set up interviews with prospective candidates to learn more about their experience, specialties and credentials. Doing so is a sound way to make sure that you have a high comfort level with the attorney in question prior to officially hiring them to handle your lease agreement needs.