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. 

Inspect Before You Sign Your Lease

Standard leases have several things in common, including a provision that states the following:
(1) the tenant has examined the premises;
(2) the tenant is satisfied with the physical condition of the premises before taking possession; and
(3) Everything is in good working order (except as noted).

So, if you haven't examined the premises by doing a complete walk through, why would you sign the lease?  Do the walk through, make sure the checklist becomes part of the lease, and make sure there is a time is of the essence provisions for those material concerns.  At the minimum, the checklist should be made a part of the lease, and you should receive a copy that day of the lease and all referenced attachments.

If the manager tells you "we don't give keys until the lease has been signed", tell him or her to keep the keys and do the walk though together.  If the manager still refuses your request, you should assume there are major issues that need to be repaired.  The safest thing to do may be to walk away.  This is another reason to sign the lease at least a week or two before you intend to move into the new property.  It's easier to walk away if the moving truck isn't outside the door with the meter running.