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Problem Tenants?

by LaVonne Torrence Berner on Oct. 04, 2012

Real Estate 

Summary: Know When to Fold 'Em

Landlords and management companies usually sail through each month with no problems whatsoever with renters. However, when problems arise, a renter can be the landlord’s or management company’s worst nightmare.  Trying to go it alone to save money can be a huge mistake.  This is especially so when a court appearance is necessary.

Tenants are surprisingly crafty at figuring out how to buy more time to stay in the tenancy and escaping without paying rent.  When this occurs, things can quickly get out of hand, and legal counsel may be necessary. Here are five (5) reasons why hiring an attorney may be worthwhile.

1)      Having attorney representation boosts credibility and sends the message that the landlord means business.

2)      Attorneys have a legal and ethical obligation to thoroughly investigate facts presented to the court, so a judge may give more weight to arguments presented by an attorney.

3)      Attorneys have a duty to be knowledgeable in the area of law in which they practice, and this involves anticipating and preparing for any defenses (excuses) a tenant may present in court and being prepared to fire back on the spot to avoid unnecessary court date continuances.

4)      It is the attorney’s job to present argument to the judge, so attorneys are not so quick to back down when the judge questions a situation or leans toward siding with the tenant.

5)      Consulting with an attorney from the outset can save countless hours of time and aggravation, and ultimately limit the landlord’s and management company’s exposure to costly lawsuits and preventable liability.

When the lost rent and profits that go hand in hand with delays in evicting a non-paying or nuisance tenant and the potential for liability are considered, hiring an experience attorney to get the job done may be well worth the money.

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