law offices serving both
the Brainerd Lakes
& Little Falls Area
Landlord and Tenant Law
Most relationships between landlord and tenants are quite amicable. However, when problems due arise, the nature of the relationship between landlords and tenants—and all the contracts between them—can necessitate legal intervention or, at the very least, legal representation. There are abusive tenants and abusive landlords in the system, and at Mallie Law we represent the victims of both.
When disputes arrive between landlords and tenants, the first step is usually mediation or negotiation. This is the most common way things are resolved regarding landlord and tenant law in Brainerd. However, in the cases where mediation and negotiation fail, the next step is litigation—that is, the filing of a lawsuit. Such a filing much be both legally sound and justified in order to have a chance of success, so having an attorney there with you to help will increase your chances of a favorable outcome.
Preventing a Dispute
The best way to achieve that favorable outcome is to prevent a dispute in the first place. Both tenants and landlords can achieve this by agreeing to a contract, especially if that contract is legally sound—or, colloquially, “airtight.” When both parties agree to such a contract, especially when that contract spells out legal outcomes and avenues for dispute mediation, the end result is much more predictable. In order to help ensure you get the results you want, a strong contract is essential.
Mallie Law Office can help you accomplish just that and, in the process, save you some time and grief.
Settling a Dispute With Your Landlord
If you are a tenant, it may seem as though you are powerless. But tenants have rights, and while those rights are usually spelled out in the contract between tenant and landlord, that is not always the case, especially if the landlord breaches the terms of your lease or rental agreement.
Generally, landlords are also responsible for keeping your living space in working order, including but not limited to heating and cooking units, water and plumbing, and ensuring access to electricity. If the landlord is not meeting his or her obligations, it is important to seek legal help. Please note that if the landlord is not meeting his or her obligations, that does not renege the obligations of the tenant. Only an agreement or judgment can do that.
If you are currently having a dispute with your landlord in the Brainerd area, contact Mallie Law to ensure that you have an advocate who will work for you.
Settling a Dispute with Your Tenant
Tenants can do many things that may require legal action on behalf of the landlord. They could stop paying rent, they could damage property, or they could break the terms of the lease or rental agreement. It’s important to point out that, unless explicitly mentioned in the contract, the obligations of one party are not mitigated because another party won’t honor the contract. You will have a much better outcome in mediation and litigation if you continue to honor your contract to the best of your ability.
Disputes with tenants are generally solved via mediation and negotiation. However, in some cases, litigation may be necessary. In those cases, the tenant will be served with a summons and a hearing or more negotiations will be settled. Most such disputes are solved well before trial, but that is not always the case. If you are having problems with tenants in the Brainerd area, it’s important to remember that the law in this arena can be complex and confusing.
In order to have the best chance of a favorable result, you need help—an advocate who can walk you through precisely what the law requires.
Contact Mallie Law Today
If you are either a landlord or a tenant in a dispute, remember that property management and rental laws tend to be heavily codified. That is, there is much that is set in stone—and even if you are not aware of the law, you are still responsible for following the law.
That is why, from the time that the first rental agreements or leasing contracts are signed, it is wise to have the help of an attorney well versed in tenant and landlord needs help you.
If you’re a tenant or landlord in need of legal help in the Brainerd area, contact Mallie Law today.