Landlord Tenant Issues

Our law firm represents landlords exclusively. We do not represent tenants. We offer landlord representation not only in tenant eviction for residential and business properties, but also legal services to  and representation for Landlords, Investors & Property Managers.

Business Formations. We represent Landlords, Investors & Property Managers with forming and organizing business entities such as corporations, limited liability companies, and partnership. These companies can be used to own the real estate, operate a management company, and for many other necessary business activities.

EVICTIONS 

Evictions involve the civil courts for the removal of tenants. While generally not complex cases, they do involve specific procedures unique to eviction lawsuits.  At any time, an eviction case can involve more significant litigation. At the Eviction Law Firm, we try hard to keep eviction cases simple and conclude them quickly.

An eviction is a legal process brought by a landlord or property owner, or by someone on their legal behalf, to remove a tenant from the rental property. The legal process includes the filing of a lawsuit and presenting evidence to the judge to show why the judgment for eviction should be entered and the tenant removed. The judgment for eviction orders the tenant to vacate the property, but if the tenant does not comply, then the Sheriff is hired to remove the tenant. If after the Sheriff removes the tenant and the tenant tries to come back, they will be a trespasser.

At the time the Sheriff performs the removal of the tenant, the landlord or property manager should be prepared with a locksmith to access the property and people to remove the tenant’s personal property such as desks, inventory, furniture, and clothing, from the rental property and put it on the property line. The tenant’s belongings are placed on the property line so the now former tenant can go back and collect their property without being a trespasser. And once the removal is performed, the landlord or property manager is not liable for what happens to the personal items.

SECURITY DEPOSIT DISPUTES & LITIGATION

A security deposit is held by a landlord as security for the tenant’s complete performance under the lease. After the tenant vacates, the landlord should do a walk-through of the property with the then-former tenant present. Any damages to the property should be noted on a move-out form. Taking pictures of damages can also prove useful later. Then, the landlord can perform an accounting of damages caused to the property beyond reasonable wear and tear, unless the lease has other provisions regarding damages. And an accounting of any sums that should have been paid by the tenant but which remain outstanding should be performed.

SECURITY DEPOSIT CLAIMS

• Damages To The Rental Property
• Collecting Money From Tenants
• Enforcing Landlord Liens

Landlord and Services:

• Eviction Proceedings and Unlawful Detainers
• Failure to pay rent and rent disputes
• Early termination of Leases
• Violation and breach of lease provisions
• Security deposit disputes
• Holdover Tenants
• Lawsuits for possession
• Damage to property
• Abandoned property
• Negotiating, drafting, and review of commercial and residential leases
• Too many occupants in a dwelling
• Noise violations
• Fighting or other disruptive behavior
• Replevins
• Ejectments
• Mobile Home Evictions

Having landlord tenant issues? Contact The Law Firm of Arianna M. Mendez, PLLC online or by calling (786) 442-2984.