Landlord-tenant relationships are governed by lease agreements, state laws, and local ordinances. While many of these relationships go smoothly, disputes can and do arise—and when they escalate beyond negotiation, our Kalispell, MT real estate litigation lawyer may be necessary to resolve the matter in court. Whether you’re a property owner or a renter, understanding when to involve legal counsel can protect your rights and prevent further complications.
Here are common landlord-tenant disputes that often require the expertise of our real estate litigation lawyer.
Nonpayment Of Rent
One of the most frequent disputes between landlords and tenants involves the nonpayment of rent. While landlords may try to resolve the issue directly or serve an eviction notice, repeated missed payments or contested claims may require court involvement. Our litigation lawyer can help landlords legally initiate the eviction process and ensure all notices and filings comply with state and local laws. For tenants who believe they’ve been wrongly accused of nonpayment, a lawyer can help present evidence and defend against eviction.
Wrongful Eviction
Not all evictions are lawful. In some cases, landlords attempt to remove tenants without following proper legal procedures—such as shutting off utilities, changing locks, or removing belongings without a court order. This is known as a wrongful eviction and can result in significant liability for the landlord. Our real estate litigation lawyer can help tenants pursue damages and enforce their rights under landlord-tenant law.
Lease Agreement Violations
Disagreements over lease terms—such as unauthorized pets, unapproved subletting, or damage to the property—can lead to legal conflict. When either party claims a breach of contract, our real estate litigation attorney can evaluate the lease, interpret its terms, and advise whether legal action is appropriate. In court, our attorney can present evidence, challenge opposing claims, and seek remedies such as damages, eviction, or injunctive relief.
Security Deposit Disputes
Security deposits are another common point of contention. Tenants may claim their deposit was wrongfully withheld, while landlords may argue it was needed to cover property damage or unpaid rent. These cases often involve interpretation of lease language and state deposit return laws. Our litigation lawyer can help resolve deposit disputes through negotiation or formal legal action.
Habitability And Repairs
Tenants have the right to live in a safe and habitable rental property. If a landlord fails to repair serious issues—such as mold, plumbing leaks, or lack of heat—tenants may have grounds to take legal action. Likewise, landlords may face lawsuits if a tenant suffers harm due to negligence. Our real estate litigation lawyer can file or defend against claims related to habitability violations and tenant injuries.
Discrimination Or Retaliation Claims
If a tenant believes they’ve been discriminated against due to race, religion, gender, or another protected class—or retaliated against for reporting code violations—they may bring a claim under fair housing laws. These are serious allegations, and landlords should retain legal representation to defend their actions. Likewise, tenants should seek a knowledgeable lawyer to ensure their rights are protected.
When landlord-tenant disputes escalate, having our experienced real estate litigation lawyer on your side can make all the difference. These professionals understand the nuances of property law, can navigate court procedures, and will advocate for your rights—whether you’re protecting your investment or your home. At Silverman Law Office, PLLC, we are here to help you.