How to Practice Landlord Tenant Lawyer

Filed in Educational Tips by on December 12, 2021 0 Comments

Landlord-Tenant Lawyer: Landlord-tenant law is a unique facet of real estate law.

Landlord-tenant lawyers deal with the relationship between property owners (landlords) and renters of that property (tenants).

These attorneys may represent landlords or tenants.

They often draw up leases for landlords or, on the flip side.

May help renters to retrieve a security deposit from a landlord.

Landlord Tenant Lawyer: BusinessHAB.com

Landlord Tenant Lawyer

Landlord Tenant Lawyer

1. Skills necessary for a landlord-tenant lawyer include:

  • Excellent interpersonal communications skills, both orally and in writing
  • Drafting lease agreements and contracts
  • Negotiation skills
  • Ensuring landlord compliance with laws and regulations
  • Ensuring tenant compliance with laws and regulations
  • Good decision-making skills and judgment
  • Excellent working as an individual and as part of a team

2. Legal issues

Legal issues that landlord-tenant lawyers often face include the following:

  • Evictions and unlawful detainers
  • Discrimination against tenants by landlords
  • Rent control
  • Lease abandonment
  • Abandoned tenant property
  • Known criminal activity occurring in a rental
  • Subletting

    Landlord Tenant Lawyer

  • Ending a residential lease early
  • Dealing with neighbor problems
  • Drafting a lease agreement
  • Required disclosures landlords must make to tenants
  • Ensuring a safe environment is provided by landlords to tenants
  • Landlord responsibility to repair things broken in a rental
  • Roommate problems
  • Security deposits
  • Renter’s right to privacy
  • Oral leases
  • Dealing with a difficult landlord
  • Dealing with a difficult tenant

3. Approach a problem from all angles.

To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives.

Putting yourself in others’ shoes allows you to understand other points of view.

  • For example, suppose you’re walking down a street and notice a ladder leaning against a building. A worker on the top rung is reaching far to his left, cleaning a window. There are no other workers present, and the bottom of the ladder juts out onto the sidewalk where people are walking. Issue spotting involves not only looking at this situation from the viewpoint of the worker and the person walking on the street, but also the building owner, the worker’s employer, and potentially even the city where the building is located.

4. Avoid emotional entanglement.

There’s a reason you might say you were “blinded by anger or another emotion.

Feelings aren’t rational and keep you from seeing facts that may be important to solving a problem.

  • Accurately spotting the issues is important to determine which facts are relevant and important.
  • Emotions and sentiments can cause you to become attached to details that bear little to no importance to the outcome of the situation.

Landlord Tenant Lawyer

5. Argue both sides.

Non-lawyers may perceive this ability as a moral failing in lawyers.

But it doesn’t mean lawyers don’t believe in anything.

The ability to argue both sides of an issue means you understand that there are two sides to every story, each of which has potentially valid points.

    • When you learn how to make opposing arguments, you also learn how to hear them, which increases tolerance and allows more problems to be solved cooperatively.

6. Deduce particular conclusions from general rules.

 Deductive reasoning is one of the hallmarks of thinking like a lawyer.
In law, this pattern of logic is used when applying a rule of law to a particular fact pattern.

7. Construct syllogisms.

syllogism is a particular type of deductive reasoning often used in legal reasoning.
And asserts that what is true for a general group will also be true for all specific individuals in that same group.

  • Syllogisms consist of three parts: a general statement, a particular statement, and a conclusion about the particular based on the general.
  • The general statement typically is broad and nearly universally applicable.
  • For example, you might say “All dirty floors show negligence.
  • The particular statement refers to a specific person or set of facts, such as “This restaurant’s floor is dirty.”

8. Infer general rules from patterns of specifics.

Sometimes you don’t have a general rule.

But you can see several similar situations in which the same thing happened.

Inductive reasoning allows you to conclude that if the same thing happens enough times.

You can draw a general rule that it will always happen.

Landlord Tenant Lawyer

9. Compare similar situations using analogies.

When lawyers argue a case by comparing it to an earlier case, they’re using an analogy.

  • Lawyers try to win a new case by demonstrating that its facts are substantially similar to the facts in an old case, and thus the new case should be decided the same way as the old case was.

10. Break down assumptions.

Like emotions, assumptions create blind spots in your thinking.

Lawyers seek evidence to prove every factual statement and assume nothing is true without proof.

11. Ask why.

You may have had experience with a young child who asked “why?”.

After everything you said. Although that can get annoying.

It’s also part of thinking like a lawyer.

  • Lawyers refer to why a law was made as to its ‘‘policy.’’
  • The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.

12. Accept ambiguity.

Legal issues are seldom black and white.

Life is too complex for legislators to account for every possibility when they write a law.

  • Ambiguities allow for flexibility, so laws don’t have to be rewritten every time a new scenario comes along. For example, the Constitution has been interpreted to relate to electronic surveillance, a technological advance the Framers couldn’t have imagined.
  • Much of thinking like a lawyer involves being comfortable with nuances and gray areas. However, just because those gray areas exist doesn’t mean distinctions are meaningless.

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