By Liad Hadar, Director at Hadar Incorporated, Specialist Property Law Firm
This article first appeared in Asset Magazine’s December 2023 edition

In the complex world of property management, landlords unfortunately often find themselves entangled in legal battles that necessitate the use of litigation as a tool for resolution.

Unlike a car mechanic or who can confidently promise to repair a car mirror, litigation carries a level of uncertainty that can be unsettling.

Litigation, by its very nature, lacks the guarantee of a predefined outcome. It is not akin to a tangible service where one can assure specific results, like repairing a car mirror. The legal landscape is influenced by numerous variables, making it impossible to predict the precise outcome of a case. This unpredictability often leaves landlords apprehensive about engaging in legal battles.

Although there are no certainties in litigation, understanding the nature of litigation and adopting the right approach can empower landlords to navigate these legal waters with confidence.

Expertise Matters:

In the realm of property law litigation, the importance of engaging attorneys with specialized expertise cannot be overstated. A seasoned property law specialist understands the intricacies of the legal framework governing real estate, including the most common theme of landlord-tenant disputes, and can navigate the complexities of litigation more effectively.

When selecting legal representation, smart landlords prioritize professionals who operate within their area of expertise, ensuring a nuanced understanding of the unique challenges posed by property-related disputes.

Acting in Your Best Interests:

Effective legal representation goes beyond technical proficiency, it requires unwavering commitment to our client’s best interests. The best standard is when attorney act as staunch advocates for clients, aligning their strategies with the overarching goal of achieving the best possible outcome.

This involves a comprehensive understanding of the client’s objectives and a commitment to pursuing those goals diligently and applying a combination of professional skills and common sense.

Communication:

The default for any professional (Doctors take note!) should be great communication. Given that clients already feel uncertain about litigation and its processes and outcomes, explanatory but simple language and consistent communication helps ease that feeling.

In litigation, no news does not always feel like good news.

Communication is critical to keeping our clients feeling comfortable and taken care of, even when there is no movement in a matter. Simply saying that there is no movement yet, is good enough most of the time.

Something that I’ve also learned in 15+ years as a professional is that clients’ default position is that no communication means no work is being done. Even when an attorney is working on a matter, the minimum should be communication to advise what is being done and that the client can expect a certain result within a certain period of time. For example, “The letter will be finalized tomorrow and served by hand the following day”.

There is nothing more comforting than constant and helpful communication, coupled with estimated timelines and then meeting them!

Deep Care in Action – The Hadar Inc. Approach:

At Hadar Incorporated, we understand the apprehensions landlords may have when it comes to litigation.

Our secret sauce lies in the combination of legal expertise and a genuine commitment and care to our clients’ well-being.

We recognize that each case is unique and demands a personalized approach. Our Team is consumed with making our clients feel supported throughout the legal process. We also act as if every matter, or property, or issue is our own.

We celebrate wins with clients and form deep and meaningful partnerships and relationships. We are not service providers – we are essential partners who care deeply and fight ferociously for our clients.

Our commitment to deep care extends beyond the legal realm. We understand that property disputes can be emotionally taxing for landlords. Our team is dedicated to providing not only legal expertise but also empathetic support throughout the litigation journey. This holistic approach sets us apart and ensures that our clients feel reassured and empowered.

Minimizing Uncertainty:

While complete certainty in litigation outcomes may be elusive, landlords can take proactive steps to minimize uncertainty and enhance their chances of a favourable result. Partnering with attorneys who specialize in property law, act in the client’s best interests, and possess a deep understanding of the intricacies of real estate litigation significantly contributes to the success of the legal endeavour.

Understanding the processes, systems and various possible outcomes may not provide you with certainty but it certainly assists in managing expectations and not being caught by surprise when certain events unfold.

For example, after recently winning an urgent eviction application for a client, we were faced with an (unfounded) application for leave to appeal. There is great power in knowing that this application immediately pends our ability to execute on the obtained order and understanding that it is a common tactic used by tenants to buy more time until they are ultimately evicted.

This way, landlords can celebrate victories in urgent court but remain aware of the high probability of having to take a further step in litigation by opposing an application for leave to appeal, ultimately only then being able to evict when such an application is dismissed.

Conclusion

Litigation may be an unavoidable aspect of property management, but landlords can approach it strategically to achieve the best possible outcomes.

By selecting attorneys with specialized expertise, quality communication, a commitment to the client’s best interests and deep care, landlords can step more confidently into the litigation arena.

While guarantees in litigation may be elusive, empowering yourself with the above will make the wild ride much more manageable.