Don’t run DIRTY if you decide to break your lease
Listen, I know that times are hard and that it is way too easy to just pack up your stuff and ROLL out and break your lease. But you know what?? That’s what I call “RUNNING DIRTY”!! So now, look at what’s going to happen. You are probably going to get sued for breach of contract. You are probably going to get a judgment against you. You are probably going to have your credit adversely affected. We won’t even TALK about how this judgment will effect the way you get another apartment or home. OOOOOOO, that’s just nasty.
whoa! Whoa! whoa! Now, hold up! I know that some of you are going “Well, damn, what do I do if the landlord is running me crazy with a raggedy place. Do i have to stay there until I pass out??”. Nooo, of course not. The statement I just made above is for those persons who just wake up one day and decide to RIDE OUT.
Now, for those of you who find yourself in the middle of a death trap or HELL HOLE, here’s a few tips for you to help you hopefully GET OUT OF YOUR LEASE:
1) Check your lease FIRST
Almost every lease has provisions regarding the landlord’s responsibilities. Review it thoroughly and go over those things with the landlord in the event that he or she is not doing what they are supposed to do.
2) DOCUMENT, DOCUMENT, DOCUMENT
Pay close attention and document what needs to be fixed and when it gets fixed. If you find yourself constantly calling for the same problems, START sending certified letters to your landlord. These letters will serve as your proof of giving the landlord NOTICE of the problems that you are experiencing in your place.
3) What is State’s Landlord obligations
Some states have laws and regulations that detail the MINIMUM a landlord has to do. These laws are helpful in the event that you don’t have a written lease for the time you’re there (remember, in some states, if your lease is over a year, it MUST be in writing or there is technically no contract).
4) Give the Landlord a chance to fix it (Reasonable time to fix it)
Some states will dictate how much time a landlord has to resolve any discrepancies that are found in the home or apartment. Be careful because some of these states requires the landlord be given written notice so you can’t think that calling them on the phone is going to do it.
5) Go to Court
Now, once you’ve walked out the door, the landlord may take you to court. However, you may decide that you want your money back for your deposit. Well, some jurisdictions have courts that handle exclusively landlord / tenant conflicts.
6) Consult an attorney
Now, you don’t HAVE to have any attorney but if you find yourself dealing with an unusually difficult landlord, you may decide that an attorney is necessary.
Just remember one thing, you shouldn’t have to live in a hell hole but it’s important that you are smart about the steps you take to get OUT of that hell hole.
It’s tough taking the time to hear the worst case scenario
When you go to an attorney, mechanic, doctor, or whatever professional you decide to meet, you go there with the express purpose and desire that they will fix your problem. The reality is that you are confident that they can help you evaluate your situation and provide you a meaningful solution.
However, the reality is that in order for them to let you know what they can do, it’s best for them to let you know the WORST CASE scenario. The hard part about the worst case scenario is that most times, we don’t want to hear about it. We don’t want to know about what will happen if the wheels fall off, or if we have to have a procedure, or if we may lose. That’s not why we went to that professional in the first place.
Despite your fears and apprehensions, it really is in your best interest for you to hear both sides. You want to be physically, mentally, and emotionally prepared for the possibility that you may hear some information or news that you simply DO NOT LIKE. It’s not sexy or pretty but it is reality. For every good situation there is going to be a down side. You gotta know about it and be prepared for it just in case you find yourself having to make that tough decision of having to deal with that situation.
Listen, the best thing to do when you find yourself having to face a unique situation where you have to seek the counsel of a professional is to accept the fact that you may hear some information that you just DON’T want to hear. However, you can’t make an informed decision unless you know both sides of the outcome. Trust me, in the end, you will appreciate that worst case scenario (especially if it doesn’t happen).
Don’t disappear! Keeping your attorney informed of your whereabouts
One of the fascinating things I have found about dealing with clients is that it is EXTREMELY important to them that they be kept informed about all of the subtle nuances of their cases. It’s not really a surprise because everyone’s case is uniquely personal to them so I can understand why they are so passionate about their case. What I DON’T understand is WHY the clients disappear??
Ok, I’m not talking about an alien conspiracy here. The fact is that LIFE doesn’t stop just because you have a law suit pending or a case being worked on by your attorney. Your bills have to be paid. You still have to make it through the day. I understand ALL of those things. The thing that gets wild is people don’t understand how important it is for your attorney to know if you are planning to leave the city, the county, and uuuuuh DUH, the STATE!!!
Now, I’m not saying that you can’t move but clearly in some cases, your moving is going to have some impact on your case. In some events, it may even be detrimental. So trying to whine or scheme or be slick may not get you out of the simple fact that you DISAPPEARED and didn’t tell anyone. What’s even WORSE is if your attorney is standing before a judge trying to explain where you are and even THEY don’t know!! Let me be the first to tell you, that is NOT sexy!!!
Listen, I am not saying that your attorney is your boss, or your carekeeper, or your mom, or your dad. Just remember, your attorney has to be able to account for your whereabouts if the need arises for you to appear. Even if the need doesn’t arise, you want to at least be able to give your attorney the opportunity to explain to you the ramifications of you moving should you decide to move. You want to be kept informed. Your attorney wants to be kept informed as well.
The power of a positive reputation
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You know, it’s funny. People spend alot of energy trying to ‘get over’. We plot! We scheme! We hustle! We are taught that the nice guy finishes last and that you’re SOFT if you try to do a kind deed. Now, don’t get me wrong. Our world is inherently competitive so we all have to make tough decisions to do things that we don’t necessarily agree.
However, you never when a good thing will happen for doing a good thing. If you don’t believe me, how many times have you found yourself getting a compliment for something you do all the time? You know what I’m talking about. Sometimes, we don’t give credit to the good things that we do on a daily basis. Think about it. Whether it’s returning a phone call in a timely fashion, helping explain some paper work to someone, or helping someone move something, we do so many things that are positive, people have no problem talking about those things.
Now, you may not hear those positive words. Hell, you may not be able to believe that your actions make a difference. The truth is “YOU are makking a difference!” Regardless of what you think, the positive things that you do is making a difference every day. Every day, someone is affected by the positive things that you’ve been doing. You are doing things that makes a difference in somoeone’s life every day. And every day, you are making a positive influence which bolsters your positive reputation.
Whatever you do, never doubt the power of the reputation you are building for yourself due to the good things that you do!
Don’t freak out. Keep it cool
The beautiful thing about being married is that you have someone who compliments you and makes up for your deficiencies. My wife has an awesome ability to remain cool under some situations where I clearly would lose all KINDS of cool points. On more than one occasion, she has calmly dealt with a situation that made me stop and go, “how are you remaining cool?”. I tell you what, watching her and how she responds has been a valuable part of my growth as a person, professional, and an attorney.
So many times when situations happen that we are not prepared for, we, quite frankly, freak the hell out! Don’t feel bad. It’s a natural response. I have lost cool points on more than one occasion so don’t feel guilty.
On a serious tip, when you find yourself in an unfamiliar situation, take a second to breathe. One of the best things I heard was from a friend of mine who is a doctor. She said the first thing they teach you in medical school is to remain calm. She said “You’re the doctor. How’s it going to look if YOU freak out?”.
Now, none of us are robots. We will all have some situations that are presented before us that will cause us to instantly revert to instincts. Just remember the phrase “cooler heads prevail” and before you go into full “FREAK OUT, SHUT DOWN” mode, take a second, breathe, and keep it cool. You will be amazed by what you will accomplish if you can keep your composure.
Power of the personal touch
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It’s amazing what people will remember. Think about it. I have an uncle who calls me on my birthday RELIGIOUSLY. he never misses it. It’s funny because I have relatives who can’t even tell you my birthday but this uncle calls me every year like clockwork.
I went to visit a client the other day in her home. Her house is LITERALLY “out in the cut”. I didn’t mind. I’m a country boy from Arkansas so driving to remote locations is a nice change from the norm. When I got there, we talked for about 2 hours and after telling her that I would take her case, she stared to cry. Of course, I had the scooby doo look because I didn’t know why she was. One of the things that she said “I told my friend that this attorney is driving all the way up here to my house to speak to her. She had never her of that.”. Needless to say, that gave me a warm feeling in my heart.
You never know how you are going to touch someone’s life and more importantly, the way you will touch them. How many people do you love to talk to because they are ALWAYS upbeat? You feed on that energy. It’s almost hypnotic. How about those special cookies your neighbor makes just for you during the holidays?
In this hustle and bustle world of getting up and going, we don’t take the time to truly appreciate the power that comes from the ‘personal touch’. It’s a wonderful thing. Think I’m joking? When you leave a message for someone and they always call you back within 10 minutes, what do you do when you tell someone to call them? That’s right, you say “If he / she doesn’t answer, leave a message and they’ll get back within 10 minutes. They’re fast.”. See?? It’s left a mark.
Recognize the power of the personal touch and pay attention to your power that you present with your touch.
The internet, also, means access to YOU as well as the WORLD
I got a question for you. When was the last DAY you actually weren’t on the web? I mean that seriously. What has been the longest time that you have allowed to go by between checking your e-mails? Now, I know that we all have work e-mails and things of that nature but let’s be real about this for a second. We are all tied to the internet in some capacity.
How many of you purchase items online? How about paying your bills? How about sending out invitations? How about sharing your thoughts? Do you realize how many times you input your address into a website? How about your photo album of your whole family that you have online? See how easy it is to be accessible to the world? Less than 20 years ago, you would have to do some serious research to find out any information about someone. Now, within a matter of seconds and minutes, you can find out a person’s last 3 addresses, a picture of them, where they work and what they are interested in doing.
Sometimes, it gets more crucial. Before, allyou had to worry about some nut at the club following you home. Now, you have to worry about someone falling in love with your picture and your information. You know that picture you have of yourself with that bathing suit on that showcases your abs that you’ve been working on so hard? Now, it’s the screen saver on same young lady’s or young man’s computer. All of a sudden, the person who once sent you casual instant messages has not become creepy. So you try to block them.
Does it end there?? NO! Remember, you have a myspace page and a face book page that has a crap load of information about your favorite sites, your groups, and your friends. So what do they do? They change their ids and try to reach out to you that way. They post wild comments to your blogs. They send you 100s random e-mails a day to every e-mail you have. They leave insulting messages in your group. It’s so bad that you hate even getting on line. Why? you may now be the victim of a cyberstalker. (Check out the law in your state. In Florida, “Cyberstalk” means to engage in a course of conduct to communicaate, or to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.)
It can get ugly as well. How many of you have found yourself MAD because someone posted some information about you that was FLAT ASS WRONG?? You look up and you see it all over the website and you wonder “why are they doing this and why am I being singled out?”. You may have a potential ‘defamation’ case:
In law, defamation (also called calumny, libel, slander, and vilification) is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
Keep in mind. They may have a defense. If the information is true, this may be a defense in some states. If the information is an opinion, this may be a defense in some states. Again, check the laws of your states and check with an attorney.
We won’t even TALK about cyber security. Is your computer truly safe from the hackers and cyber intruders of the world? How many more e-mails can you get talking to you about ‘male enhancement’ or ‘lottery’?
You’re probably saying “What the Hell?” but the fact is that with so much access to the internet world, the internet world has access to YOU as well!
Don’t let it get you down
So you’re finally there. You’ve reached the goal. You’ve conquered the obstacles. You’ve achieved your mission. Unfortunately, the result was NOT what you expected. The success did not have the effect you thought it would have. The final point was NOT what you intended. Now, you have this huge letdown because you spent so much time and energy building up to this point that you now feel that you have completely wasted your time.
Well, DON’T let it get you down. Sometimes, we put so much stock and energy into the perception of what we THINK will be waiting for us at the end that we suffer from a huge let down when it doesn’t happen. We believe in our hearts and minds that there should be a pot of gold at the end of the rainbow. However, we find the only thing that is there is a pot!
But don’t let that bother you. Think about the process along the way. Think about the skills that you have acquired. Think about the things that you’ve done that can be used for something bigger and better. You can’t beat yourself up over the fact that you didn’t have the end result you were looking to achieve. That vision is too short sighted. You must look at the picture in terms of all of the contacts, skills, connections, and resources you obtained in your journey. Even the failures, the obstacles, and the rejections are a necessary part of the growing part. All of these things are tools that can you help you in the future.
Just remember, unless the project or goal is the ONLY one you have in your life (which I doubt), you are never truly out of the game. Learn the lessons and use it for other things. Don’t let it get you down and more importantly, don’t let it take you OUT.
Sometimes, you just don’t know
How many times have we found ourselves in the middle of a situation and literally have NO clue what in the hell you should do? You know it’s so easy to pass judgment and infer that someone is going to instinctively know what they should and should not do in a particular situation.
However, the reality is this, most of us don’t have an idea of what we should we do when faced with a totally unfamiliar situation. We don’t think of the consequences. We don’t think about what we SHOULD do. WE just run on autopilot and hope that we get it right. The bottom line is this, you can’t take for granted that people are going to do certain things when faced with a situation if they haven’t been trained on it or has never been exposed to it. We have to stop beating people verbally for not being accountable in situations that they have NEVER been exposed to nor have ever received any training.
Most experiences in life is like touching a hot stove. Most of it know that it’s hot but there are quite a few people who literally need to get burned to appreciate the level of the heat. Now, I’m not saying that you put your hand in a fire. But if you or someone you know doesn’t know what to do when something catches on fire, how can they be blamed for NOT doing the right thing???
Never beat anyone up for what they do know when faced with a situation they’ve never been exposed to and have never faced. We all make mistakes but some mistakes are made because it’s just exposure to something for the first time. Sometimes, you just don’t know.
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