Attorneys optimizing your chances for a successful outcome in small claims court.
While COVID-related rent debt accrued during certain time periods cannot be used to evict a tenant, rent arrears can be sought in small claims court.
Bornstein Law can provide informed guidance to build your case and ensure you are prepared when you have your day in court.
Don’t go it alone. With such a staggering amount of rent debt on the line, get help making an ironclad case and seeing the action through from start to finish.
Many landlords and property managers in our community are familiar with small claims courts because of security deposit disputes. It’s a relatively simple process. Yet enter the pandemic and there are new procedural requirements and defenses tenants can raise.
Rest assured, there will be many rental property owners who think they have a solid case and say, “It’s a no-brainer. The tenant didn’t pay the rent and so of course, I am going to win.”
Please don’t get this false sense of bravado. There are all sorts of missteps the plaintiff landlord can make and all sorts of arguments the tenant can submit in order to tank what you thought would be a guaranteed judgment against the tenant.
While you cannot be represented by an attorney in small claims court, we provide a suite of services that save you time and ensure that all your grounds are covered.
Assembling the evidence in a tidy format
Organized tenant ledgers, a summary of communication with tenants, requests for repairs, anything pertinent to the application for state rental assistance funds, and other information to build your case.
Proper and final demand for payment
One of the requirements the small claims court wants to see is that the plaintiff exhausted all other avenues to collect the money owed. Based on your unique circumstances, we will prepare a letter demanding payment and who knows - the tenant may appreciate the seriousness of the matter and pay up or at least come to the negotiating table in order to preserve his or her credit.
Draft the small claims case, file and serve the paperwork
Now is not the time to be haphazard or amateur. We will professionally prepare the paperwork, file it with the court, and properly serve it on the defendant tenant, making sure all of the I’s are dotted and T’s are crossed.
Coaching for “game day”
Although parties cannot be represented by an attorney in the initial small claims court hearing, our litigators are no stranger to courtrooms and rent boards. We know what to say and you can learn from our 26+ years of experience. We’ll give you pointers so that you can speak to the judge with confidence.
For informational purposes only. Nothing on this website should be construed to create an attorney-client relationship. Please contact our offices with your individual circumstances. Bornstein Law does not guarantee any outcome in small claims court and our fees are not dependent on the ruling of the judge.