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When Do I Need a Real Estate Attorney?


— September 14, 2020

From COVID-19-related challenges to landlord-tenant disputes and updating lease agreements, here are several instances when it’s a good idea to seek the advice and counsel of a real estate attorney.


There are any number of familiar circumstances in which you should consider working with a real estate attorney — landlord-tenant disputes or permitting issues, for example — but what about the impact of COVID-19? If you’re a multi-family building owner or property manager, this topic has likely surfaced within the last few months, as the global pandemic has impacted nearly every industry — including real estate rentals. 

From COVID-19-related challenges to landlord-tenant disputes and updating lease agreements, here are several instances when it’s a good idea to seek the advice and counsel of a real estate attorney. 

  1. Navigating COVID-19-related issues. 

Since unemployment skyrocketed due to COVID-19 — more than 30 million people filed for benefits as of April 30 — many people have faced financial challenges, including paying rent. A Bloomberg article estimated that mall owners and retail landlords collected about 15% of what they were owed in April. The Coronavirus Aid, Relief, and Economic Security (CARES) Act includes a 6-month freeze on evictions that became effective March 27. 

An American Housing survey estimates that almost 49 million people rent their home, but what if some people refuse to pay their rent, even if they’re able? 

The National Law Review recently came out with guidance about for landlords, including:

  • Addressing tenant concerns in a mutually beneficial way
  • Preparing for potential litigation 
  • Restructuring or expanding operations 

Regardless of the situation, it’s best to consult with a reputable real estate attorney who can answer your questions, especially when it comes to COVID-19-related issues. 

  1. You want to update your terms or leasing agreements.

    Man signing paperwork; image via Pexels.com.
    Man signing paperwork; image via Pexels.com.

If COVID-19 has you thinking about updating any terms or leasing agreements to include language about pandemics, viruses, etc., it’s best to consult legal counsel. Real estate attorneys know the law (and legal language), and they can provide helpful advice so you can avoid any potential issues in the future. 

  1. You’re facing potential legal action — or you want help with a complex issue. 

Whether you’re managing numerous rental properties or you’re considering a mortgage in order to purchase a rental property, there are a host of reasons why you may need a real estate attorney. Here are a few: 

  • Landlord-tenant disputes
  • Evictions 
  • Permitting
  • Easements
  • Construction and warranty issues 
  • Selective enforcement issues
  • Zoning ordinances
  1. You may save time and money in the long haul.

A real estate attorney is certainly an added expense, but it can be a worthwhile one. If a legal professional can take care of something quickly, it will likely save you time and money and allow you to focus on other responsibilities and obligations. Don’t forget that when it comes to finding the right legal counsel, it’s important to ask the right questions, including: 

  • How long have you been practicing?
  • Have you handled any cases similar to mine?
  • What would be your plan when it comes to my case?
  • How long do you think it will take to resolve my case?
  • What are your fees?

A real estate attorney can be a huge asset. Even if you aren’t sure you need legal representation, it’s important to ask for a consultation since an expert can lead the way and will represent your very best interests. 

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