Being involved in a lawsuit – whether as a plaintiff or as a defendant – may be daunting. Many questions may arise, especially for people who have had little or no contact with the judicial system in the past. At the law firm of Baker & Slider, Athens civil litigation attorney John Hollis Baker takes pride in solving many complex legal problems efficiently and economically. He can advise clients that need a real estate attorney or assistance with a landlord-tenant dispute, a breach of contract action, or a construction dispute.Protecting Your Interests in Civil Litigation
In any civil matter, it is important to understand what the plaintiff must prove to obtain a remedy from the defendant. For instance, if a landlord is having problems with a tenant and wishes to file suit to evict the tenant and collect past-due rent, it will be important to review the lease agreement and investigate applicable state or federal landlord-tenant laws. A lease may terminate at the end of its term, or it may automatically renew. Tenants under a lease and tenants-at-will, which are parties that occupy a rental property without a lease but with the landlord’s consent, have certain rights to notification prior to the landlord seeking possession of the premises. It is also worth noting that, while tenants are obligated to pay rent in a timely fashion, landlords also have certain duties, such as the duty to keep the premises safe and habitable.
Another legal area in which ordinary people or small business owners sometimes need counsel is breach of contract actions. These may happen in a real estate setting, a construction dispute, or another area in which an individual or business did not carry out its promises under an agreement. The first step in exploring a breach of contract claim is to determine whether there was in fact a contract. There are three basic elements involved in the formation of a contract: offer, acceptance, and consideration. In addition, there must be mutuality of obligation between the parties, and each party must have both the competency and the capacity to enter into a valid contract. If any of these elements is absent, there may be a viable argument that no contract existed.
If there is a valid contract, and one or more parties breached its terms, the other party may be able to seek damages for breach of contract in a court of law. In some cases, the party that breached the contract may have a legitimate defense, such as the statute of frauds, mistake in fact, unconscionability, or estoppel. Breach of contract cases tend to be very fact-specific, so a thorough investigation into the circumstances of the dispute usually will be necessary.Consult a Civil Litigation Attorney in the Athens Area
We recognize that there are many pressures and responsibilities involved in assessing a landlord-tenant dispute, an alleged breach of contract, or another civil matter. Athens civil litigation lawyer John Hollis Baker can explain the timeline of the procedural process and advise a client as to the potential outcomes of a case in terms of liability and damages. At Baker & Slider, we believe that our small, “boutique” size allows for greater accessibility and responsiveness to our clients, while our experience, competence, and honesty are important tools in pursuing the results that our clients desire. To schedule a free consultation to discuss a civil litigation matter, call us at (706) 208-1514 or contact us online. We assist people and small businesses in Athens, Jefferson, Watkinsville, Danielsville, and other areas of Clarke, Jackson, Madison, Oconee, and surrounding Counties. Consult John Hollis Baker if you need representation from a landlord-tenant attorney or guidance in a real estate, construction, or breach of contract matter.