Lawyer recommendation

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We are currently in a real estate dispute. Lawyer fees are upwards of $400 an hour. In a year, we have exceeded what our award would be with fees. Please consider the reality of getting a lawyer to defend you as it will quickly eat into any monetary "win." It isn't fair but is what it is.

Do mediators, mentioned in one of the posts above, find a rightful resolution or just split things half way?

Depends on the mediator. Usually they try to get each side to see the weaknesses and risks in their case to convince both sides a compromise is better.

Is going before a judge in small claims a better option than mediation then? Do judges require/expect mediation as a step before going to court? How prudent is self-representation in small claims court?

Depending on the location, mediation may be mandatory. In our case (I am the PP above with the lawyer), our county required two mediation sessions with a retired judge before they would grant a trial date. The mediator tried to find a solution and was honest to both parties about their chances of "winning". You can decline any offer of a settlement. Again, I cannot stress this enough - you will probably pay more in fees (court, lawyer, depositions, etc.) than you will ever get back. Even with mediation, you are paying your attorney to sit there, travel there, write up briefs for the mediator, paying the mediator (even if county appointed and mandatory), etc. I would estimate that the mediation cost us around 10k. The system is really broken and so expensive.

[Anonymous]

Anonymous wrote:Tell us what happened, why do you have to break your lease?
How many months were left before end of lease terms?
Did you leave the house as you found it without major damage?

3 months left; professionally cleaned, no damage, same or better condition than received.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We are currently in a real estate dispute. Lawyer fees are upwards of $400 an hour. In a year, we have exceeded what our award would be with fees. Please consider the reality of getting a lawyer to defend you as it will quickly eat into any monetary "win." It isn't fair but is what it is.

Do mediators, mentioned in one of the posts above, find a rightful resolution or just split things half way?

Depends on the mediator. Usually they try to get each side to see the weaknesses and risks in their case to convince both sides a compromise is better.

Is going before a judge in small claims a better option than mediation then? Do judges require/expect mediation as a step before going to court? How prudent is self-representation in small claims court?

Depending on the location, mediation may be mandatory. In our case (I am the PP above with the lawyer), our county required two mediation sessions with a retired judge before they would grant a trial date. The mediator tried to find a solution and was honest to both parties about their chances of "winning". You can decline any offer of a settlement. Again, I cannot stress this enough - you will probably pay more in fees (court, lawyer, depositions, etc.) than you will ever get back. Even with mediation, you are paying your attorney to sit there, travel there, write up briefs for the mediator, paying the mediator (even if county appointed and mandatory), etc. I would estimate that the mediation cost us around 10k. The system is really broken and so expensive.

Why are you pursuing this with expenses more than what you can recoup instead of cutting your losses and moving on? Agreed that the system is unfair and slanted towards the landlord.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Tell us what happened, why do you have to break your lease?
How many months were left before end of lease terms?
Did you leave the house as you found it without major damage?

3 months left; professionally cleaned, no damage, same or better condition than received.

You are obligated to pay until end of lease terms.
The landlord needs to start advertising the property for rent as soon as possible and remove you from the lease obligation once rented out.
He needs to return your Security deposit before 45days.

[Anonymous]

*After 45 days.

[Anonymous]

As a landlord this is why I only do month to month agreements.

Tenants want to break a yearly lease early and then I'm in the same position I would be without it. And if I get a bad tenant with a yearly lease, good luck getting them out.

Once a tenant decides they're done it's like getting blood from a stone. Unless you have a very expensive apartment, I don't know why your landlord would bother coming after you.

[Anonymous]

What exactly does the lease say with regard to this? That is where you start. Look at those terms.

Even where landlords must make an effort to mitigate damages by renting the property out again, the fact that you didn't see it appear on the MLS or see a sign right away might not mean much. I doubt they are required to mount a huge campaign to rent it out right away. That takes effort, and a "reasonable effort" might not involve listing it for a couple of months, depending on what else they have going on. You don't get to define what a "reasonable effort" to rent it out is.

You are the one who broke the terms of the agreement.