A Tenant, A Tenant Lawyer And A Landlord Walk Into Court

What rights do tenants really have as either the residential renter or the commercial renter? It is the charge of the tenant lawyer to help each client to not only understand his or her renter's rights, but also to properly assess the responsibilities of the landlord and how to help legally enforce them. First, the major difference between the two leases is that residential tenants are protected by local law that requires landlords to perform and pay for upkeep of the structure; meanwhile, commercial property tenants are expected to be responsible business persons who understand that day-to-day maintenance is up to them when they take on a property as is. It is their duty to protect their investment for their own product or service.

On one hand, maintenance is the responsibility of the landlords in residential leases, because it is their home or building that they intend to rent after any given tenant decides to move on. They have to provide and sustain a certain level of safe and sanitary living for their residents. They are held liable when they do not meet those lawful requirements. On the other hand, commercial property tenants are using the space for business purposes and are required by similar law to maintain their spaces for health and safety reasons, in order to provide equitable goods and services to the community. All business owners have similar responsibilities, whether they own residential properties or are renting commercial properties. In both cases, they are operating the businesses and must take on certain responsibilities to maintain their facilities.

A tenant lawyer can be needed for either a residential or commercial property situation. When someone moves into a private residence or signs a commercial property lease for a new or expanding business, he or she looks forward to the potential peace of mind of a stable residence, not the potential financial woes that can befall some leases. But there are times when a tenant lawyer is needed in order to settle or help represent a client in resolving a financial dispute. Whether the dispute is over property damage, past due rent or a broken lease, in a residential or commercial property case the common legal issue boils down to financial retribution. In cases of property damage due to water-related mishaps, for example, it depends upon the timing of the complaint and the presence of adequate attempts to repair the damage. If the residential property owner ignored his or her legal duty to make repairs on a running toilet, leaking faucet or back flow on a broken washer in the sink or tub, they are legally responsible. But if a tenant neglected to report the water issue and water was allowed to leak into walls and into flooring to cause mold, mildew, staining and smells, the tenant will be responsible.

This is just one of the examples of cases where the details of tenant law for either the landlord or the tenant are critical to the resolution of any case. The outcome is dependent upon the pre-established responsibilities outlined in the lease, or as so stated by the city. Ultimately, the financial retribution of a security deposit, back rent or any other matter associated with a lawsuit is to be determined in a settlement or through court proceedings as the timeline and veracity of the events are outlined.