Georgia Renters - Prepare for a Hurricane with a Review of Your Lease and Renter's Insurance

Georgia renters, while you prepare for the hurricane, pull your lease and renter's insurance policy. If you have to evacuate, take these documents with you or scan the documents and e-mail them to yourself. If your rental unit gets flooded or damaged by wind or heavy rains, your initial contractual rights can be reviewed. LEASES Many leases allow the landlord to terminate the lease if the unit is destroyed by natural disasters (force majeure). Also, partial destruction of the rental unit may not relieve you of your obligation to make timely payments. Remember, any changes to written leases, including termination and the amount of rent or timing of rent must be in writing and signed by both parties. Otherwise, the agreement may not be enforceable. If you don't understand your rights, check with an experienced landlord-tenant attorney. Simply withholding rent because you cannot get back into your apartment or rental house may result in a dispossessory. The court action and the eviction will haunt you for years to come when it shows up on record searches and your credit report. Therefore, it's better to be proactive than reactive. RENTER'S INSURANCE Renter's insurance doesn't cover floods. However, if you can prove the items were damaged by some other cause, you may have a significant claim. Moreover, the insurance policy may cover hotel charges and other expenses even if it doesn't reimburse you for flood damaged items. One you return to your unit and review the damages, call your agent to discuss your coverage.

Attorney-Client Conflicts in Litigation

As many know, an attorney cannot represent two people with conflicting interests. Because of the small number of landlord-tenant attorneys and the large number of calls, texts, and e-mails I receive, conflicts arise from time to time. When it does arise, I have to excuse myself from the matter.

Most times it occurs when a small landlord and tenant call, e-mail, or text me about the same matter. Once it is discovered through conflict checks, meetings, documents, and other disclosures, I cannot represent either side. I do a general conflicts check at the initial 10 minute call, and a detailed one before a retainer agreement is sent.

With any attorney, it would behoove the potential client to meet with the attorney at least 10 days before a deadline or trial/hearing to allow the detailed conflict check to go through before the attorney-client agreement is presented for signature. This will give you time to (1) review the contract; and (2) find a new attorney if you don't like the terms of the contract or a conflict is disclosed.

New Attorney Fees Coming for all Landlord-Tenant Matters Effective May 15, 2016

Effective May 15, 2016, the Firm will change most of its fees and pricing structures for landlord-tenant matters.

Phone Consultations - 10 minute free screening
Initial Consultations - $75/hr. - $250/hr.
Follow Up Consultations - $300/hr.

Prepare and File Dispossessory Affidavits (Residential Electronic Filing) - $400.00 plus filing fees and service
Prepare and File Dispossessory Affidavits (Residential Paper Filing) -- $500.00 plus filing fees
Prepare and File Dispossessory Answer (Residential Electronic Filing) - $400.00
Prepare and File Dispossessory Answer (Residential Paper Filing) - $500.00
Prepare and File Dispossessory Counterclaim (Residential) - $250.00 plus 35% of recovery

Prepare and File Commercial Dispossessory Affidavit or Answer/Counterclaim - $330/hr. plus filing fees and service

Interview Clients and Witnesses - $300/hr.
Other Communications (phone, fax, text) - $250/hr.

Travel time - $150/hr.

Prepare for Hearing - $300/hr.
Draft Settlement Agreement, Amend Documents, Draft Writs, or Draft Other Court Document - $300/hr.

Subpoenas - $150/hr. plus filing fees and service

All other filings not listed (Residential and Commercial)- $300/hr.

Client is responsible for all expenses (copies, mileage, witness fees, service, parking, subpoenas)

Estimated payments for the case are due upon return of the contract.

Do Your Research and Take Your Time When Served With A Summons And Complaint/Statement of Claim

When a person is served with a summons and complaint, in most instances, the response filing deadline is 20-30 days (depending on the court). One exception to this rule is a dispossessory action. In Georgia, the response time for dispossessories is seven days. As a result you have to act quickly to protect your rights.

Nevertheless, if you have a 20-30 day response time from the date of service, you have time to call around to find an attorney who suits your budget and time constraints. If you're served on Monday, take 3-5 days to consult with several lawyers. Find out their theories of your case. 7-10 days after service, make your decision.

There is no rational reason to receive service of process on Monday and retain an attorney within 24-48 hours of service. I find it amazing that in many cases, people spend more time researching a $500 television or phone than they do researching an attorney that costs much more than those electronic devices. Indeed, depending on the case, the television or phone may malfunction before your case comes to judgment or settlement.

Suggestions

(1) Talk to 3-5 attorneys by phone (not their legal assistants or paralegals).
(2) Visit your top 1 -3 choices.
(3) Take all proposed contracts home to read and compare. Some provisions can be negotiated.
(4) Make your selection after full contemplation.