Landlord/Tenant Dispute: Cost of Litigation?

Wouldn't be posting an email on here

You're dumb.

I'd ask for treefiddy

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I'd ask for treefiddy

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I'm thinking $10k since they made me take my LSU flag down from my balcony after my complaint. Otherwise, $2K or so?

quote:

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I'm thinking $10k since they made me take my LSU flag down from my balcony after my complaint. Otherwise, $2K or so?

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Are you going to continue to get fricked monthly on utilities in this scenario?

Semi-fair would be to prorate all those type bills based upon the pro-rata portion of your lease's square footage to the entire square footage of the property.

Would have to consider weighting a commercial property more heavily if they are heavy user of the services. If it's just a little insurance office, i.e. light office use, I'd just let it prorate straight up.

And back adjust all prior payments + legal cost + 25% + the right to fly LSU flags.

Tell them to pay your bills and in return, you won't let everyone else in on their little secret

$1 million dollars

I'd cliffnotes it an remove the actual text.

You should ask for the amount you've been damaged and then tell that lawyer to lawyer up himself because that is a fricking terrible settlement offer.

Also, stop posting specifics of a legal dispute on an internet forum.

Key Questions that Need to Be Answered:

What jurisdiction are you in?
(state, parish/county, city)

What penalties might the landlord be facing?
Some jurisdictions have very favorable laws for tenants, particularly when the landlord is overreaching.

What is your likely relief if you prevail in court?
It seems probable that unless your lease allows them to overcharge you (seems unlikely but there may be language in the lease that allows them to charge you the amount that they are), they will have to repay your past overcharges and properly charge you in the future.

What are your costs for going to court?
Will you miss work, have to hire an attorney, pay any costs, research any laws, regulations, or facts?

Have you confirmed that the landlord is unwilling to stop overcharging you by failing to include the first floor retail/restaurant?
Did they imply, did you infer, or was it clearly stated? Was their new attorney involved in negotiation on this specific issue?

If the landlord is going to keep overcharging you, you’re going to either: (A) know how many more months you will be responsible for that bill (i.e. move out date), or (B) you will need ongoing relief from the overcharge (i.e. lump sum settlement might not provide enough relief).

In any event, I would imagine that landlord’s counsel’s fees will be in the neighborhood of $2,000 ($250/hr x 8 hours).
In negotiating with the landlord, I would not count on him giving you those fees in lieu of paying them to his attorney. Fees don’t generally enter the settlement equation directly. He is going to have to pay his attorney to research and draft any settlement anyway.

In conclusion, I would ask for:
past overcharges,
proper charges in the future,
½ penalties (if penalties might be charged to the landlord in your court in your jurisdiction),
½ attorney’s fees that you have ACTUALLY paid (if recoverable in court in your jurisdiction).


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