Introduction

Given the economic burden that full time legal representation can produce, it is important to know which entanglements may be handled by the landlord themselves and which are best left to an experienced attorney.

Evicting a Tenant

The process of evicting a tenant may be difficult, due to the high standards held by many judges. This is further compounded by the detailed procedures and document requirements that landlords are expected to abide by.

If you wish to evict a tenant, it may be prudent to hire a lawyer to assist with eviction in the following cases:

If this is your first eviction

The tenant is fighting the eviction and has a lawyer

The tenant is an employee whom you’re firing

The tenant is filing for bankruptcy

If you must comply with rent control or housing program rules for eviction

Being Investigated or Sued for Illegal Discrimination

Illegal discrimination complaints can happen even to landlords who comply with fair housing laws.

If you are actually sued or if a housing agency begins to investigate, you will want to consult a lawyer.

Because civil penalties can be quite expensive ($16,000 for first time offenders with additional damages), you will want to hire a lawyer to assist you.

Sued for Injury or Illness

If a tenant is suing you and claiming that they got hurt or sick as a result of your negligence, you’ll want to hire a lawyer.

Personal injury cases are generally high stakes and you are better off having an experienced representative.

If you have liability insurance, your insurer should provide you a lawyer to deal with the claim.

Sued for Major Property Damage

In a case where a tenant claims that your negligence has caused them property damage, they may look to you for compensation.

If the claim is high, it may be best to refer the matter to your insurance company to take advantage of their obligation to hire a lawyer for you.

If the claim is low, you are better off handling it yourself, possibly after an hour or so of legal coaching from an attorney.

If you are being audited by the IRS or the State

If an audit case deals with a relatively small amount of money, the expense of a lawyer is probably not justified.

If there is a lot of money at stake, you will certainly want to hire representation.

If you made a serious error on your taxes and have yet to be contacted by auditors, hiring a lawyer may help you avert a damaging or embarrassing situation.

Changing Your Business Structure

When a business transitions from one type to another, there are a plethora of new legal documents, tax requirements and legal obligations that a lawyer can assist you with.

Buying or Selling Property

Similarly, an appropriate lawyer is in a good position to help you through the steps of buying or selling property and will be familiar with the complexities and legal risks involved.

Dealing with Problem Employees or Employment Problems

Employees may present a particular kind of legal trouble if they threaten to sue you for discrimination or if they’ve caused a bad relationship with your tenants.

In these cases, hiring a lawyer is wise because they will be able to handle the situation with the delicacy required to successfully negotiate the dilemma.

Protecting Your Intellectual Property Rights

If you discover another company or individual that has violated your intellectual property rights, you may want to hire a trademark and copyright lawyer to assist you.

Conclusion

To successfully navigate the legal difficulties associated with property rentals, it is important to know when to deal with a situation yourself and when to hire a representative to assist.

Generally, the higher the financial penalties involved, the more likely it is that you’ll want to hand your case off to someone with a law degree and legal experience.