Let A Landlord Tenant Lawyer Help You Fight Eviction

If your rental or lease agreement has a lawyer clause the attorney is more likely to take your case. The lawyer clause means that if your attorney wins your If you are facing eviction and you want to fight back against your landlord to stay in your home you will need to research hiring landlord tenant lawyers. If you hire an attorney you will have a much better chance of fighting against your landlord. There are many valid points that landlord tenant lawyers may use to fight your eviction notice. When you are contacting local landlord tenant lawyers you will need to set up an appointment to meet with a couple of the attorneys that you made contact with. When you go to an appointment your lawyer will ask to see your copy of the rental or lease agreement. They will also ask you if you are behind on your rent or lease payments.

You will need to explain in detail what issues eviction case he or she will be able to charge your legal fees to your landlord or Rental Company, the landlord or Rental Company will also be responsible for all of the court costs that are associated with your eviction, this is contingent on your attorney winning your eviction case.

Under the supervision of landlord tenant lawyers you may have the right to with hold rent payments or to pay for needed repair work and deduct it from the rent payment.

• If you hold rent payments your attorney may have you put the rent payments into an account to be paid upon the completion of the needed repairs by your landlord.

• You decide to do the repairs yourself and only use the withheld rent money for the price of the supplies.

The Illegal Ways A Landlord May Try To Evict You

• The landlord may change the locks on your door or take the front door off of the hinges

• The landlord may turn off your electricity

• They may pack up all of your belonging and put them outside

No landlord has the legal right to threaten you with the illegal tactics that are located above. There are legal procedures and statues that must be followed when a landlord wants to evict a tenant. When you hire landlord tenant lawyers they can help stop your landlord from using any illegal eviction tactics.

If your landlord has Discriminated against You

Discrimination is illegal and your landlord is liable for damages if you can prove that discrimination has taken place against you. You may also want to report it to HUD, which is the Housing and Urban Development (HUD). If HUD determines that discrimination has taken place they will have a HUD lawyer take over your case pro bono which means that they will do it for free.

If you have been hurt on the premises of the rental company's property such as, there is a hole in one of the walk ways on the property. The landlord has been told repeatedly about it and you fall and hurt your leg the landlord may be held accountable in the court of law. You have every right to sue your landlord and the rental company. Your attorney will put together a case. You could receive compensation for your fall.

Visit Viewmylawyer.com attorney video directory and lawyer finder where you can find landlord tenant lawyers or find a landlord tenant lawyer.

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Texas Landlord Rights - The Landlord's Lien

In Texas, a residential landlord has a lien on the renter's possessions for past due rent. The lien is known simply as the landlord's lien and is found in Texas Property Code § 54.041. This statutory landlord's lien does not require a written lease to be valid. It is available even if the lease is simply a verbal agreement. The lien attaches to any personal property of the tenant that is actually in the residence.

Texas Landlord Rights - Exempt Property

As with most liens in Texas, there are exemptions to the landlord's lien. Section 54.042 of the Texas Property Code specifically lists the items that are exempt from the lien. They are:

1. Wearing apparel;

2. Tools and books of a trade or profession;

3. Schoolbooks;

4. A family library;

5. Family portraits and pictures;

6. One couch, two living room chairs, and a dining table and chairs;

7. Beds and bedding;

8. Kitchen furniture and utensils;

9. Food and foodstuffs;

10. Medicine and medical supplies;

11. One car and one truck;

12. Agricultural implements;

13. Children's toys;

14. Property that is not actually owned by the renter or an occupant of the residence; and

15. Property that is pledged as security for a recorded mortgage or financing agreement.

Texas Landlord Rights - Enforcement of the Landlord's Lien

A landlord can enforce a landlord's lien by self-help remedy but there are limitations. Those limitations are:

1. The right to a self-help remedy is only available if there is a written lease.

Even though the landlord's lien is available for verbal agreement leases, the self-help enforcement remedy of the lien is only available when the lease is in writing. But, just having a written lease is not enough. The written lease must specifically authorize the use of self-help enforcement of the landlord's lien.

2. The right to a self-help remedy is only available if it can be done without a "breach of the peace."

3. The landlord who exercises self-help enforcement of a landlord's lien must leave written notice of entry immediately after doing so.

4. The written notice of entry must include an itemized list of items removed.

5. The notice must be left in a conspicuous place in the residence.

6. The notice must list the dollar amount of past due rent along with the name, address, and telephone number of the person the tenant can contact regarding the amount owed.

7. The notice must also state that the property will be promptly returned on full payment of the past due rent. Texas Property Code § 54.044(b).

Most landlord's I deal with in my law practice have no idea they have a lien on their renter's property to secure payment of rent. In fact, many landlords believe the law in Texas totally favors their tenants. They have no idea that there are laws governing Texas landlord rights, not just their duties.

Harvey L. Cox is an attorney and certified mediator in Texas. He runs an informational web site on Texas legal issues where you can get more information on Texas landlord rights.

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