Landlords and tenants frequently have minimal understanding of the positions of those on the opposite side. In addition to representing many of each, Attorney Vaughan S. Winborne has been both a landlord and a tenant, so he can communicate in the language of both parties, getting the other side to understand what they need to do. This saves you time and money while getting to the bottom of the case.
Disputes between landlords and tenants can come in a variety of forms — from upkeep and repair issues to non-payment of rent and potential eviction. In addition to examining the terms of an existing rental agreement, being informed of your rights as either a tenant or a landlord can help save money and avoid frustration.
Whether you are in the position of landlord or tenant, you should always consider seeking legal representation when you are facing a tenants’ rights issue in Northern Arizona. A qualified lawyer will be able to explain the local laws and how they apply to your situation. Read on to learn more about what issues affect landlords and their tenants, and to understand the importance of having legal advice in a landlord-tenant dispute.
Northern Arizona Landlord and Tenant Attorney at Law
Landlord and tenant disputes can be a common issue, and the range of problems can include:
- Lease agreements
- Property repair disputes
- Tenant rights
- Security deposit disputes
- Landlord walkthroughs and inspections
In the event that a dispute cannot be resolved outside of court, a small claims court trial may be in order and an attorney can assist you. The ability to hire an attorney in a small claims court varies by state, but in Arizona, a lawyer can be hired to assist. An attorney can discuss the situation with both parties and offer a quick solution before any further problems arise later on.
Why Hire a Landlord-Tenant Attorney?
If you are currently involved in a legal dispute with your landlord or renter or are concerned about your legal rights at any stage in the landlord-tenant relationship, you should speak with an attorney with experience in Arizona landlord-tenant laws, and who will evaluate your case with you to ensure full protection of your legal rights. Whether you face eviction or just have questions about the terms of your lease, an attorney will take the time to explain the situation and address your concerns.
Common concerns for tenants include:
- Landlord refuses to return a security deposit
- Landlord doesn’t take the necessary steps to keep the property in a livable condition
- Landlord fails to make necessary repairs and provide maintenance that keeps the property safe
- Wrongful eviction
Common issues for landlords include:
- Tenant fails to pay rent
- Tenant causes property damage
- Evicting tenants
If a lawsuit becomes necessary, no matter which side of the landlord-tenant relationship you are on, Vaughan S. Winborne can take action on your behalf — reviewing documents, researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with landlords, insurers, property managers, and opposing counsel — all with the goal of strengthening your position and obtaining the best results for you.
Frequently Asked Questions About Landlord and Tenant Litigation
It may seem as if the landlord always has the upper hand in a landlord-tenant relationship, but that isn’t always the case. Whether you are a renter or a landlord, you should know your rights and what the law entitles you to do. Below are answers to some of the most common questions about maintaining a landlord-tenant relationship.
What are my responsibilities as a landlord?
A landlord must allow provision of essential services, such as utility connections, without interfering with a tenant’s use of the property. The landlord must make all necessary repairs to keep the premises in a livable condition. If you live in an apartment building, the landlord also has to keep all shared areas such as hallways and stairwells safe.
What are my responsibilities as a tenant?
Tenants must pay rent on the agreed-upon date and keep the premises clean. Tenants and their guests must not harm the property or disturb other tenants. If you fail to pay the rent, the landlord must send a written demand. If you have not paid your rent, the landlord cannot take or hold your property without first having you served with a distress warrant. If this happens, contact a lawyer immediately.
Can my landlord evict me without going to court?
Landlords cannot legally evict their tenants without going to court. Likewise, it is illegal to lock a tenant out or turn off the utilities. If your landlord serves you with eviction papers, consult with a lawyer. However, unless the lease allows it tenants cannot abondon the premises without landlord agreement.
Can the landlord change the terms of my lease after I move in?
Yes, but they are required to notify you of any new rules. If you feel the new rules are unreasonable, unclear, or unfair, notify your landlord within 30 days. It may be grounds for early lease termination.
Landlord and Tenant Law in Northern Arizona
If you are experiencing a dispute as a landlord or tenant and require a mediator to step in and help with your problem, Vaughan S. Winborne can help you move toward an agreeable resolution. Because he is a sole proprietor, he personally helps all his clients instead of referring them to someone in a more junior role. He practiced law in Hawaii and North Carolina before opening his private law firm in Flagstaff, Arizona.
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Vaughan S. Winborne will take the time to assess your case and provide you with the legal information and advice needed to resolve your case as quickly and efficiently as possible. Schedule a consultation today!Schedule Now