WHAT ARE THE LANDLORD'S RISKS ASSOCIATED WITH THE FILING OF A LAWSUIT FOR UNLAWFUL DETAINER (EVICTION LAWSUIT)?
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This is such an important question to answer. It is also the reason why you will want to have the most qualified attorney or law firm represent you in your eviction proceedings. You will not want to have an attorney who is timid, or who is reluctant to handle "complex" or "complicated" cases; indeed, any attorney who expresses that s/he is shy about handling any type of landlord-tenant matter is not worth their weight in salt. Any case, even what appears at first to be the most simple, routine and mundane of cases can quickly turn into the proverbial "federal" case with a tenant filing all sorts of motions, petitions, appeals, and affirmative lawsuits against you for even the most spurious and meritless of claims. This is why you need a law firm who has the capability and desire to represent you for the entire spectrum of potential landlord-tenant litigation, rather than a law firm who only handles the "cookie-cutter" evictions.
As an example of the measure of competence that has been expressed recently by one of our landlord-tenant law firm competitors in the Sacramento community, please read a few excerpts from a letter that was sent to a client that was referred to our office:
April 17, 2002
Client Name
Client Address
Client City, State, Zip
"The one thing that is abundantly clear is that our office does not and cannot handle the type of litigation you have in store for you.
As I said in the message I left on [name of addressee's] answering machine, our office basically has a Honda Civil production line and I cannot build a Lamborghini in the midst of it. I am not equipped to take depositions, answer interrogatories and perhaps do jury trials.
I can offer you my sympathy for the ordeal you face but I cannot offer you my services.
My principal competitor is The Law Office of Gary Link. He has a larger staff and several attorneys in his office and might be able to handle a case such as yours. His phone number is 447-8101.
Cordially,
Name of Sacramento attorney |
We believe that at the Law Office of Gary Link and the Law Office of Sid Rosenberg, that in light of Mr. Link's twenty-three years as a litigation attorney, with over 32, 000 eviction cases and over 9,500 eviction trials, in conjunction with the quality services of Mr. Rosenberg and our associate attorneys, we can competently and zealously represent any landlord-tenant type case - not merely the "cookie-cutter" situations. Isn't this the protection that you want from a lawfirm?
The risks associated with eviction lawsuits are as follows:
- The landlord may not prevail in the action for Unlawful Detainer, thereby subjecting the landlord to an adverse judgment against the landlord for the tenant court costs and attorneys fees, if applicable.
- If the tenant raises retaliatory eviction as a defense and prevails, the landlord may not be able to remove the tenant from the premises for less than 180 days, unless within the interim period the landlord is able to establish "good cause" for an eviction notice or proceeding.
- The landlord may be subjected to defending breach of contract, intentional and negligent infliction of emotional distress, punitive damage claims, as well as actions claiming wrongful eviction.
Of course, it is compelling for the landlord and any property manager to have previously procured appropriate protection against such claims by the purchase of insurance coverage with a reputable insurance company.
Accordingly, at the Law Office of Gary Link, before we engage in representation of a client for any eviction lawsuit, we always receive the assurance of the client and/or the property manager that the following facts are true and correct:
- The eviction action is not being initiated with a retaliatory or vindictive motive,
- The eviction action is not being initiated with a motive of discrimination on the basis of race, national origin, ancestry, religion, sexual orientation or preference, gender, marital status, age, physical hardship, disability, source of income, or for any other arbitrary or discriminatory reason.
- The client has carefully investigated the grounds for the Unlawful Detaier proceeding and is correct as to the identity of all the adult occupants in possession of the tenancy premises, the amount of rent specified as due, the circumstances of service of any notice upon the tenant(s), the identity of the owner of the property, and the contents of the notice to quit.
- The premises is (1) habitable an in compliance with California Civil code Section 1941 and 1942, or (2) the tenant is responsible for any lack of habitability, or (3) the client has been prevented by the tenant from maintaining habitability, or (4) the landlord has no knowledge of lack of habitability.
- All adult tenants named on the Notice to Quit (prepared by the client or at the request of the client) are in possession of the premises.
- If a client is a property manager or agent of the landlord that s/he has the express authority to enter into the initiation of actions for Unlawful Detainer as well as the authority to represent the owner or landlord with this law office.
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