Real Estate Attorney Landlord Tenant in Madison
When should I consult an attorney for my landlord tenant issue in Madison?
Renting a home is more than just a practical arrangement; it’s a binding contract with legal ramifications for both the landlord and tenant. When those contracts terms are in dispute or you find yourself in any of the situations listed below, and the amount of your costs is substantial (in general terms, usually more than a month’s rent) enough to dictate action, it makes sense to contact a real estate attorney to find out your rights and proper procedures to follow to resolve your specific landlord tenant issue.
Landlord issues

Unpaid rent/broken lease

The majority of all legal actions brought by a landlord stem from broken rental agreement (i.e. improper notice during a month-to-month lease, tenant breaks fixed-term lease). To preempt any misunderstandings, contact an experienced real estate attorney to draft an agreement for your rental property with terms meeting local regulations and doesn’t include unnecessary terms that create more of a burden for you, the landlord.

After the rental agreement is drafted and signed, if your landlord tenant situation fits any of these criteria:

• Your tenant breaks the terms of your fixed-term or month-to-month lease,
• You feel that your renter’s actions warrant eviction,
• The amount of unpaid rent warrants legal action,

Contact a real estate attorney to find out your rights and proper legal procedures to follow. A real estate attorney can give you legal advice that increases your chances of winning and recouping unpaid rent for your rental property.

Property damage

If a tenant causes more property damage than the security deposit covers, a landlord can take legal action to cover the cost of repairs. For example, if a renter vacates your property and leaves behind stained and torn carpets, broken windows, and significant drywall damage and costs to repair the damage far exceed the amount of the security deposit. Those costs can be recovered with a carefully prepared case, thorough legal advice, and proper documentation.

Renter issues


If you feel your landlord is unlawfully terminating your lease or is not following proper eviction procedures, you can fight the eviction. In this case, it makes sense to contact an experienced real estate attorney to ensure your legal bases are covered and a complete list of proper paperwork compiled. A lawyer can also make strategic recommendations and suggest creative approaches to your case that can increase your chance of success.

Broken Promises (Repairs, improvements, etc.)

If you, as a renter, feel that your landlord has behaved improperly in any of these ways:

• Not made repairs that make your rental property habitable (i.e. faulty HVAC system that does not provide proper heat, unsafe electrical, pest infestation, etc.);

• Agreed to make improvements (i.e. when you rented, after a burglary, etc.) but has not followed through;

• Not made repairs or kept up maintenance that has impacted your health (i.e. did not remediate mold, failed to keep the sidewalk and driveway clear, etc.);

Contact an attorney. The attorney may recommend that you pursue the matter through your state agencies or in a lawsuit, and can give you legal advice and actions, such as drafting a strong letter requesting action, that get you the action you feel is needed to resolve your landlord tenant issue.

There may also be other situations that may warrant an attorney, such as discrimination or damage to your personal property because of lack of action by your landlord. If you don’t know if your situation fits these criteria, or need more information,

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