Types of Landlord-Tenant Cases the Firm Will Accept (Effective Oct. 1, 2018)

Monday, October 1st, marks the 16th anniversary of the Firm.  Experience and client referrals have brought an increased demand for services.  In the last three months, the Firm has seen an explosion in demand.  Because I want to remain small without sacrificing client satisfaction, certain services will be discontinued.

The Firm will Continue to Accept the Following Cases:

                1.   Dispossessory actions (small landlords and all tenants, hourly rate and flat fee)

                2.   Lease review and negotiations (commercial and residential)

                3.   Civil actions with a value of $20,000 or more for failure to repair, negligence,  breach of contract, nuisance, breach of the warranty of habitability, etc.(flat and hourly rate arrangements)

                4.   Repair and stay negotiations (hourly rate only)

                5.   Breach of lease claims (wrongful termination)(hourly rate only)

                6.   Civil actions (wrongful eviction, conversion)

                7.   Return of Security Deposit (defense of small landlords and prosection by tenants whose landlords have more than 10 rental units) 

                8.   Appeals to State or Superior Court (hourly rate only)

                9.   Appeals to Court of Appeals or Supreme Court (hourly rate only)

                10. Litigation for damages to rental property (pursue and defend).

                11. Fair Housing violations claims and defenses (all tenants and all landlords)(hourly rate only)

The Firm will no Longer Accept the Following Cases:

                1.   Claims by tenants against small landlords for failure to return a security deposit

                2.   Negotiations to terminate leases because of a failure to repair, nuisance, or insects.

                3.   Roommate disputes

                4.   Family-related landlord-tenant disputes unless a written lease exists

                5.   Health problems caused by mold 

                6.   Defense of tenants in dispossessory actions for failure to pay rent. 

Tenant Mold Claims are Not Simple Matters

The Firm receives numerous calls or e-mails a week from tenants who complain about health related issues arising from what they perceive to be "black mold."  According to one expert I spoke with recently, there are hundreds, if not thousands of mold types.  Moreover, mold is all around us (inside and outdoors).  Additionally, black mold can range from harmless to deadly.

People react differently to different types of mold.  Someone with allergies may be particularly susceptible to most molds.  If you believe your apartment or rental unit has mold, you should seek the advice of three specialists:

(1) a certified mold expert to collect samples and send those samples to a lab.
(2) an allergist or another health care provider who can tell you if mold is causing your health problems; and
(3) an experienced toxic mold attorney.

There are several do it yourself mold testing kits.  Those tests may be a start, but you need a certified mold expert to work with your attorney to write a report and testify in court (if necessary). His testimony will be needed for collection methods, chain of custody, and analysis.

Similarly, an allergist or other health care provider will work with your attorney to prepare a report and testify by way of deposition for court or in preparation for a settlement.

Mold experts and doctors are expensive.  Therefore, if your personal injuries are not substantial, it may not be worth pursing the health claim.  However, other claims may still be available to you.  This is why an experienced toxic mold attorney is essential to analyze your case to place a value on the matter.

If you don't have a health claim, you may have a property damage, breach of contract, negligence, failure to repair, and/or other tort claims.

The McGill Law Firm handles non-health related claims relating to water intrusion that causes mold and mold related damage.  However, it does not handle toxic mold matters.  If you don't know of anyone who can refer you to a toxic mold attorney, Google "toxic mold attorney" and your city or county.  Most times, you will pull up at least 10-20 attorneys to call and interview.