Landlord issues: How do I Find an Excellent Tenant Attorney Fast?

[+ FreshFluff]

It seems that there are a number of lawyers here, so I thought this would be a good place to ask:

 

My landlord keeps violating the lease agreement in increasingly egregious ways. He's been doing this from the time the lease was signed, and it's now escalated to intolerable levels. (BTW, I'm an excellent tenants my rent early, hasn't contacted him about repairs since the week I moved in, and has even made concessions. Unfortunately, he sees this as we) We're right in the middle of the lease period, and it will take time to find another place. His main point of leverage is that he's a big yeller, and I just don't have the time or energy to deal with his tantrums. (After I moved in, I heard nasty things about him from others also.)

 

I need a tenant attorney ASAP. While this is a standard matter, from what I've seen of this guy, he'll take the matter more seriously if the person is a well known, top attorney. I've looked at the Superlawyers site, but it's unclear if I should contact a real estate attorney or what.

 

Also, if you are an attorney in the upper Midwest, please PM me if you have some idea of how I could find someone. Thank you.

 

P.S. We are talking about a premium apartment--probably in the top 1% in this area in terms of monthly rent.

[orbital sander]

It is too bad that you are having difficulty dealing with your landlord. The upside is that often, the laws favor the tenant, but laws vary from state to state. One thing that I would strongly recommend is that you find an attorney that has experience with Real Estate issues. I have seen people hire family lawyers that did not fully understand Real Estate law and botch things. If you know any local attorneys, perhaps you can ask then for a referral. You can also contact your Bar Association and there might also be a tenant rights organization in your area that can make recommendations. If there is a HUD office near you, you can also contact them for a referral. You might want to interview your prospective attorneys a bit and ask for client references. If they have won cases for other folks, generally those folks are willing to share the experience.

 

I am not an attorney, but I am involved with Real Estate. A letter from an attorney seems to get most landlords in line pretty quickly...but some people can be stubborn as well ...imagine that

[+ FreshFluff]

Hi Orbital,

 

Thank you for the response. Yes, I'm definitely getting an RE attorney; the question is which one. I'd like a big firm type who will scare him--rather than a more small time attorney who deals only with tenants--but I'm wondering if the high end folks would be up for handling a small matter like this. I'm going to try to get a rec from some well off folks in this area, but I was hoping that someone here might know of someone. (If you do, I promise not to let the person know where I heard about them.) And you are right; I will interview anyone before I hire.

 

There's really no complex question here. The lease is very clear on this issue, and he's in violation of it. I've allowed him to do it in the past, when it didn't matter, and he thinks he can keep going.

 

This is the first time I've had an issue with a landlord over the years I've been out of college. The others have all been represented by management companies

[orbital sander]

I have dealt with a few of the larger firms here in Oregon, which are small potatoes compared to say Chicago, but generally they have folks in the larger firms who will handle smaller issues. You may not get the Firm's "Top Gun" but you will get the Letterhead...and unless this guy is a total dope, he should take notice.

 

Good luck and kick some Ass!

[+ FreshFluff]

May I ask for further advice? Through a very wealthy family friend, I got a referral to a top lawyer in the area who handles RE about half the time. The issue is that his firm does not do litigation. On the other hand, those I've found who specialize in landlord/tenant matters are typically small-time.

 

Lawyers, from which of these categories do you recommend that I hire?

 

Let me be more specific about the situation: My landlord has decided to sell my apartment, which means showing it on weekend mornings long before the lease allows him to do so. I'm out of the apartment 2 weeks per month in the spring, but no, he needs to show it now now now. He's also hoping I will buy it to avoid having my apartment illegally shown.

 

He also "asked" to use my apartment to warehouse old furniture. I told him no, and when I returned, a ton of old and broken furniture was sitting there. This is in addition to giving away my parking spaces without permission etc.

 

Again, we're talking about one of the top condos in the city, and I'm paying a princely rent for it. I've been an excellent tenant (always pay rent early, never contact him about repairs). While I can be a major bitch when I want to, I decided to keep quiet and let it go. However, turns out that's like trying to appease Hitler. Every concession makes him climb on me more.

[+ Lucky]

The question, for me, is why you need a lawyer at all. You can take the man to small claims court yourself. You seem to be well-spoken and presentable, so a court could easily see your point without the need for a lawyer.

To stop his behavior in the meantime, you could ask for a restraining order or an injunction to make him behave until the court has ruled.

[edjames]

Check with your local elected officials. Your city/state representatives may be able to provide you with some assistance finding a lawyer in your area specializing in tenant/landlord litagation. Furthermore, you might be able to sue your landlord in small claims court for harassment.

 

Good luck.

 

ED

[+ FreshFluff]

Hi Lucky and Ed, I appreciate the vote of confidence but I'm a junior academic, and work is a priority. I'm already overwhelmed with work, and a court case is the last thing I need. Also, he's reasonably well known and would probably be represented by a good lawyer, so he'd kick my ass in court. I do have money, and I'd rather pay to have a lawyer scare him. That's the only language he apparently understands.

 

At this point, he's asked twice to show the apartment, and I have not responded. He doesn't take my "no" seriously, as he showed with the furniture. But is that considered harassment?

 

P.S. A meaningful restraining order would probably be impossible since he owns other apartments on the same floor.

[+ FreshFluff]

And honestly? I'm pretty frightened. He's an angry person, and it's unclear if that's for show, or if he can really get violent. Now that he's spending time showing apartments in the building, he'll be here even more. And of course, he has a key to my apartment.

 

What's the quickest way to find out if he has any kind of criminal record? If he doesn't, that's great. If he does, I'd like to acquire some means of defending myself.

[+ Lucky]

I see your dilemma. Most lawyers don't see themselves as someone who will frighten another, but they can be intimidating. Small claims court, btw, does not allow either side to have a lawyer.

Since I don't know where you live, I can't suggest anyone. You need a tenant's lawyer, not a landlord attorney. Perhaps Googling your local newspaper will reveal some articles wherein a local lawyer has excelled at something along these lines.

I agree that many times a letter from a lawyer will make someone take you seriously. But, if you have to go to court, work will have to give way.

[+ Travis69]

Does he own the whole building and is it a apartment building going condo? In some cities if a apartment building goes condo the owner has to offer the tenants a nice settlement to move out and convert to condos. Perhaps he is trying to force you out thru harrassment without offering this. If you fear for your life I would get out of there quickly.

[tom1980]

The best attorney isn't always the most expensive. I've worked with lawyers at big firms with high hourly rates who don't do as good of a job as those at smaller or solo firms with much lower rates. What you want is a substantively good lawyer, not just someone with prestigious letterhead. I'd recommend a litigator with some experience in real estate litigation. Experience representing tenants is a plus, but not necessary. Experience representing consumers in deceptive trade practices cases or similar matters could be a huge plus because the laws that protect tenants' rights are often linked to the deceptive trade laws. Having a litigator who knows how to employ procedural strategy to gain an advantage is your best bet.

[+ deej]

Most major urban areas have some form of tenant's union or other advocacy group that specialize in dealing with this sort of thing. They may even take on representing you pro bono. Short of that, a referral from them to an attorney would be a better way to go than tips from an anonymous message board.

 

They'll be well versed in the exact letter of the law and the usual landlord shenanigans, and will probably have already dealt with guys like him (if not him already). They have clout. Look for them.

[+ WilliamM]

Stay Calm in Court

 

I was the person who funded organizations in a large city that represented low-income tenants in court. So I have spent a lot of time in tenant-landlord court observing.

 

My advice: hire a lawyer with a lot of experience in this field, your LL will alsolutely be represented by his own lawyer; take as many pictures as possible from this point on, old furniture stored in your apartment, people looking at your apartment at inappropriate times---the more pictures the betters; have notarized statements (or the people themselves) from those who have observed your landlord's behavior.

 

It's inevitable that something will come up about which your lawyer is unaware. The LL's lawyer will want you to get upset and make it personal. Do not fall for that trap. Make sure you do not quote other tenants, unless they are there to speak for themselves. All my advice is standard, but I am posting it because tenant-landlord disputes get very personal, just a warning to not let that happen.

[+ FreshFluff]

Thank you for the responses.

 

Travis, the building is already a condo, and he only owns a few apartments here. I'd be thrilled if someone else bought it and let me continue to rent it; no landlord could be worse than this guy. The issue is more about my quiet enjoyment of the place while I'm here.

 

Deej, I kept looking for a tenants' union, but all I found was some lawyer who was hoping to help people set up tenants unions. I already got a referral from a wealthy friend, but that person is a general RE/Trust and estates lawyer, not a tenatn specialist.

 

William, it's great to hear from you. I absolutely anticipate that he will play the exact game you are talking about. He'll claim that his scratched up floors (which he refused to refinish when I came in) were caused by me, even though I make everyone take off their shoes before coming in. I have very little contact with other tenants, so I have little to go on except a few comments about how he's nuts. However, I immediately took photos of the furniture when I came into the apartment.

 

To make things even more complicated, I'd consider buying the place if the price was reasonable. But knowing this guy, he'll use the threat of invasion of privacy to up the price. "Well, if you don't want people coming in, buy it.." What an idiot; if he had played nice, I would have bought it long ago.

[Guest]

I don't know any tenant attorneys, but I can tell you who my favorite Tennant doctor is:

http://i.telegraph.co.uk/multimedia/archive/01381/davidTennant_1381584c.jpg

[+ FreshFluff]

Well, I'm awake in the middle of the night. I keep thinking of what happened to Jay Macinery's (sp) gf, who got into a dispute with her own landlord. He hired some guys to carve up her face.

 

If met this guy and endured one of his tantrums, you would understand why this bothers me. I'm not a believer in handguns due to the safety issues, but I may get some mace or similar stuff. Anyway, enough. Thanks for the help.

[+ FreshFluff]

This whole thing has given me one of those sore throats I get when I'm stressed. But I feel better now that I have a lawyer.

 

Through the referral of an RE lawyer in another city, I interviewed two litigators and chose one. Even though both have landlord/tenant experience, I chose the RE guy over the general litigator who does everything.

 

Both lawyers I interviewed want to threaten litigation in the letter. I, on the other hand, would rather keep the threat implicit since (1) I'm potentially interested in buying the place and (2) Mr. Landlord seems litigation happy, and I could see him calling my bluff.

 

Anyway, thanks for your help. In case anyone is still interested in this scintillating drama, I'll keep you posted.

 

(Oh, and Landlord, I wouldn't be surprised at all if you lurk here.)

[gallahadesquire]

I wasn't paying close enough attention, so I'll say my comment anyway:

 

Do not be wary of needing one lawyer for dealing with the a**hole, and another for litigation. The English have done it for years: There are solicitors (office lawyers) and Barristers (who actually go to court with the robes and the funny wigs and all that Monty Python kind of stuff). You might need one of each: Guy From The Big Firm for the heart-to-heart talk to your Dear and Beloved Landlord, and the smaller, not well known, but good record Scrapper for the Courts.

 

I think I need another Pimm's Cup. Heavy on the celery!

[+ FreshFluff]

You have a good point, but most of the top RE lawyers around here are litigators, so that's what I hired. In fact, I'm trying to keep them from going nuclear in the letter, since I still have some interest in buying. On the other hand, they're right that there needs to be some threat there. (BTW, showing interest in buying won't stop him from showing the place. Quite the opposite: He'll use it to drive up prices and get more people interested.)

 

Bottom line is that this is an attempt to scare the guy straight. If this gets to the point of going to court, then I'm out of here--even if that means putting my stuff in storage and going to a hotel. There are 6 months left in the lease, and any upside to going to court is small.

[instudiocity]

You have a good point, but most of the top RE lawyers around here are litigators, so that's what I hired. In fact, I'm trying to keep them from going nuclear in the letter, since I still have some interest in buying. On the other hand, they're right that there needs to be some threat there. (BTW, showing interest in buying won't stop him from showing the place. Quite the opposite: He'll use it to drive up prices and get more people interested.)

Get another lawyer to handle the purchase of the property so the landlord/seller is blind as to who is buying the property.

[Lookin]

Why not just play some nasty porn on all the TV's while you're out? He might show the place once, but I doubt he'd be back.

 

Maybe also rent some cats to crap inside his stored furniture.

 

 

http://4.bp.blogspot.com/_aCY1YSutP9Y/RwpdN-JIMKI/AAAAAAAAA3U/_TZkewrIFpU/s400/kittens%2Bleaving%2Bdrawer.jpg

 

 

What's he gonna do? Sue you? http://www.maleescortreview.com/forum/public/style_emoticons/default/rolleyes.gif

[+ FreshFluff]

Lookin, too bad I don't have a TV! Oh, and he'll try to charge me for every scratch on that furniture.

 

Get another lawyer to handle the purchase of the property so the landlord/seller is blind as to who is buying the property.

 

instudiocity, That's an intriguing idea. That's often done by well known people in my hometown. I'll think about that.

[+ FreshFluff]

So the lawyer's letter (actually crafted partially by me) will go out tomorrow morning. I'm second guessing myself: Should I have continue to put up with this bs so I could renew the lease? The problem is that, Given the state of the market, it will take him time to sell this place. I'd never have peace since his agent would bring buyers in anytime someone showed the slightest interest. Sucky way to live when I'm paying such a huge premium to enjoy my living space.

 

The good thing is that I can afford to buy; I just need to find another place with a view.

 

I'm hoping this guy doesn't file some frivolous lawsuit just to up the ante. There's nothing to file for, but that shouldn't stop him.