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Phone
510-500-5888
Email
erikb@erikbaumanlaw.com
Address
1300 Clay St, Ste 600, Oakland, CA 94612-1427
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faq
Frequently Asked Questions
Do you defend eviction cases?
Sometimes, but the short timelines for evictions make it difficult to take them on, and the costs to hire a private attorney are often too high to make sense. I recommend you first contact non profit organizations that specialize in eviction defense, such as the East Bay Community Law Center, Centro Legal de la Raza, Eviction Defense Center, or Bay Area Legal Aid. They may be able to provide free or low cost eviction defense, and are very skilled and experienced in handling eviction cases.
How much do you charge for a consultation?
It depends on the purpose of the consultation. If it's to determine if you have a case I'll represent you in on a contingency fee, the consultation is free. If you are seeking legal advice on how to navigate a situation, review a contract, or to have me communicate on your behalf, I typically charge a flat fee of $350. There are obviously more variables, but I promise you won't be charged without agreeing to it and knowing what you'll get for your money in advance. I often give 5-10 minutes of simple advice for free, but can't promise to always do that.
Do I have a case you'll take on contingency?
It always depends on specifics, but the first hurdle is expected case value. Small claims in California includes claims up to $12,500 and you aren't allowed to have an attorney represent you in small claims. If your case value is in that range, I will likely direct you to small claims. However, you can hire an attorney to advise you on the laws you can claim under and how to best present your evidence, but that would not be on contingency. I will give a free consultation and explain why I will or won't take your case after reviewing it.
How long does a lawsuit take?
The average case takes between 1 and 3 years. They can be longer or shorter depending on a huge variety of factors and events as the case proceeds, but you should plan on it being a long term commitment. Even with a great case I cannot promise quick resolution; the legal process is not a fast process.
How can I force my landlord to make repairs?
Generally, the best way to force the issue of repairs is through code enforcement in your city. They can levy fines against landlords who don't respond to their citations. It is possible to get a court order for repairs, but the process is not quick and the tenant has a significant burden of proof.
What should I do if I expect to have a legal dispute with my landlord?
Document document document. Put things in writing, especially repair requests; take pictures, be clear and calm in your communications. Write like a jury might read your texts or emails. Don't assume your landlord will agree a conversation happened. Keep copies of all notices and communications with them. I can provide advice tailored to specific situations, and possibly write a letter on your behalf, as part of a paid consultation, but the advice above is universally helpful in all situations.