Legal Question in Civil Litigation in Arizona

Action against a Management Property

We are thinking of taking action against a Management Property in small claims due to several violations in our rental agreement. Should we hire an attorney to first draft a letter to try to resolve this issue without court? what would be the cost of this (average)? What is the likely-hood of us winning, we have pictures, documentation, and witnesses if needed.

Thank you,

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Asked on 1/31/02, 11:34 am

1 Answer from Attorneys

Jared Simmons Simmons & Gottfried, PLLC

Re: Action against a Management Property

Hi,

I have been involved in many landlord/tenant disputes. In my experience, it is usually better to send a letter as you mention for a few reasons:

1. Receiving a letter from an attorney generally makes the recipient understand that this situation has escalated and must be resolved.

2. Many times it can be resolved with a simple letter which makes it very inexpensive compared to litigating.

3. There may be other issues involved in addition to the ones you have found, or ways to resolve the situation may be available that a trained lawyer may be able to bring to your attention that otherwise may have gone unnoticed.

Depending on the amount of materials to review and the research that may be necessary, I would imagine (ballpark) that the cost of drafting the letter would not exceed $400.00. It may be more or less but without more information it is hard to know so I have put up a higher figure. I do not have nearly enough information to even hint at what your chances of success would be. If you would like to arrange a meeting so that I could answer this question and any others you may have, please feel free to contact my office. I look forward to hearing from you.

Jared Simmons

Simmons Law Offices

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Answered on 1/31/02, 4:09 pm


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