In addition to providing eviction services for our clients, the Firm provides many other legal services. Many of the other eviction Firms are capable of providing only eviction services because they do not have the attorney and paralegal manpower. At Hopkins Tschetter Sulzer, we have invested in the manpower that makes it possible for us to meet most, if not all of our clients' legal needs. The Firm currently has a staff of eight attorneys and eight legal assistants which makes it possible to handle more than just evictions. We believe that Firms that provide evictions and no other legal services are selling their clients short. By providing a full range of legal services in addition to evictions, the Firm is a full service law Firm and being a full service law Firm is consistent with our goal of providing excellent service for our clients. Because we are a full service Firm, our clients have to look no further than Hopkins Tschetter Sulzer to meet their legal needs.
Lease Drafting and Review. Utilizing a "what could go wrong approach", we draft and review lease agreements with an eye toward preventing litigation in the future. Sometimes, litigation is unavoidable. In those situations, a clear and concise contract will only serve to benefit our clients. A strong lease, which protects the client but at the same time is fair to the resident is the cornerstone of the landlord/tenant relationship. The Firm provides a full range of services in this area. From a cursory review of lease documents to a comprehensive audit, the Firm is available to assist its clients in revising their documents to better protect themselves.
The Firm's lease services are based on our substantial experience in landlord tenant law. No Colorado law Firm evicts more tenants, handles more tenant litigation, or has more constant exposure to leases and lease issues than Hopkins Tschetter Sulzer. The Firm provides a wide variety of lease services for both multi-family and single-family property management clients. There are a number of considerations in deciding which of our many lease services may be right for you. There is no such thing as the perfect lease. The "perfect lease" and the "one size fits all" are myths. There is only the perfect lease for a specific client. Even if a lease is ideally suited for a particular client, the lease is only perfect at the moment it was created for a variety of reasons.
For these reasons, we always recommend having a "lease checkup" on an annual basis. A lease checkup is particularly effective when the client consistently keeps track of lease issues. Systematically tracking lease issues promotes a thoughtful and methodical evaluation as to whether changes are either desirable or warranted.
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Small Claims Court Litigation. Our clients are frequently being sued by former residents in the Small Claims Court for any number of issues. These lawsuits include claims such as security deposits and constructive evictions. Even though attorneys are not typically allowed to appear in the Small Claims Court, the Firm is able to step in and represent the client as long as proper notice is given to the Court in a timely manner. We realize that even though many of the lawsuits that former residents bring against management are groundless and the clients could easily dispose of the case themselves, our clients do not have the time to deal with them. By handing the case over to us, we take the burden off the clients and handle the case on the clients' behalf.
Security Deposit Cases. A natural spin-off of the landlord/tenant relationship is a lawsuit by a former resident for the return of the security deposit. These cases can be brought in the Small Claims Court or in the County Court. Given the Firm's extensive experience in handling landlord/tenant matters, we have developed an expertise in the law of security deposits and know the ins and outs of the law. Often- times we attempt to work out a resolution of the security deposit issue before the resident files a lawsuit because in many cases the attorneys' fees that are required to defend a security deposit case far exceed the amount of the deposit itself. Nonetheless, when our clients desire to defend against a security deposit lawsuit, regardless of the amount in question, we are ready and able to fight to defend our clients' rights.
Fair Housing and Housing Discrimination Complaints. No eviction law Firm could provide complete and comprehensive representation to its clients without having substantial experience in fair housing law. The Firm regularly advises clients with respect to fair housing matters, and regularly defends Firm clients against tenant discrimination and fair housing claims. The Firm has substantial experience and deals regularly with the various federal and state laws governing fair housing as well as with the federal and state agencies with whom tenant discrimination and fair housing complaints are lodged. The Firm regularly represents Firm clients in front of the Colorado Civil Rights Division and HUD, as well as in state and federal court.
Employment Law. Because of its natural relationship to housing discrimination law, the Firm also practices employment litigation law with an emphasis on prosecuting and defending employment discrimination cases. The Firm's employment law practice extends to handling wrongful termination claims, unemployment claims, wage and hour claims, and a variety of other employment related legal matters. Because of the similarity between employment and housing discrimination, the Firm's experience in prosecuting and defending employment discrimination claims has and will continue to benefit all Firm landlord and property management clients in fair housing discrimination litigation. The Firm is available to offer precise information and aggressive representation based on its substantial experience in the unfortunate event that you or your company is sued for employment discrimination. We provide preventive advice and counsel to our employer clients to guide them through the maze of federal and state employment and labor laws. Our primary goal is to provide accurate and practical advice that will enable our clients to accomplish goals while minimizing the risk of expensive and potentially high exposure litigation. If litigation is necessary, our Firm provides cost effective and result oriented representation. Many employment related problems arise suddenly. We pride ourselves in our responsiveness to our clients needs and our ability to solve problems quickly and efficiently.
Installment Land Contracts and Lease Options. More and more, parties to real estate transactions are utilizing non traditional methods for transferring title to real estate. These methods include installment land contracts and lease options. Depending on the particular situation, the case may be handled as either an eviction or as a judicial foreclosure. Because of the Firm's broad experience in both of these areas of the law, installment land contract and lease option litigation is a natural off-shoot from traditional eviction law. The Firm has extensive experience handling litigation involving both types of contracts, on the side of both the seller and buyer. In addition, the Firm provides services to draft and review the installment land contracts and lease option contracts that are used in transactions.
Public Trustee Foreclosures. Many of the Firm's clients sell real estate with owner financing or finance the third-party transactions. Often times, these deals go bad where the buyers are unable to make the monthly payments. We have extensive experience in handling public trustee foreclosures. Our experience enables us to handle foreclosures in a timely manner so that our clients are paid off during the redemption period or are returned to possession of the property as quickly as the law allows. In addition to handling the actual foreclosure, we often advise clients on foreclosure investment through the purchase of redemption rights.
Collection and Liens. Debt collection goes hand in hand with evictions because after the eviction takes place there is almost always money owed. Although the Firm does not handle collection on residential debt, we have substantial experience collecting commercial debt which includes debt owed to commercial landlords, debt to home owners associations, and debt owed on breach of contract. Depending on the specific situation, a debt collection can be handled on either an hourly fee basis or on a contingency fee basis. Part of the debt collection process can involve filing liens against real estate. Different types of liens include H.O.A. liens, mechanics liens and judgment liens. The Firm has extensive experience filing liens and collecting on liens because the various types of liens can be a very effective tool in collecting debt.
Bankruptcy. Nationwide, bankruptcy filings are at an all-time high and Colorado ranks at the very top for the number of filings. For our management and property owner clients, this means that they are seeing more and more bankruptcies being filed by residents. It used to be that the Firm would get a few calls every month or so from clients whose residents filed bankruptcy. Now, we are getting a substantial number of calls every month where residents are filing for bankruptcy. Because a bankruptcy filing results in an automatic stay against creditors, including landlords, the filing brings an eviction action to an immediate halt. Short of waiting out the bankruptcy before evicting the resident, which can take up to 4 months while the resident lives in the property without paying rent, the only recourse the landlord has is to file specific paperwork with the Bankruptcy court to obtain permission to proceed with the eviction. The process usually takes about 4 weeks. This is just another example of the complete legal package of services that the Firm provides for our clients. We file at least two to three cases in Bankruptcy court every month and really know the ins and outs of the system. Oftentimes we are able to negotiate a quick settlement with the resident's attorney to have the resident move out quicker than it would take in going through the process. But if a settlement is not reached, we have the legal expertise to work through the Bankruptcy court and get the resident out.
General Real Estate Law. An aspect of property investment includes the purchase and sale of real estate. Many of our property owner clients "trade" properties on a fairly regular basis, buying new properties and selling properties owned. We assist such clients in the sale process with sales contract drafting and review, preparation of transaction documents, and preparation of transfer documents including deeds and deeds of trust.
HOA Representation and Litigation. We are able to move on HOA collection cases swiftly, monitor the case closely through every step of the process and keep our clients consistently informed of our progress. While we are a small Firm, we are highly automated and operate state of the art technology that allows us to manage and track multiple matters in an efficient and cost effective manner. We view our size as a major asset to Associations because we are able to provide more direct and personal service to our Association clients.We strive to get to know our clients and their individual needs.
In addition to HOA collections, we provide a wide range of other services to our Association clients. We will litigate all variety of matters for HOA clients. We also have experience in amending and interpreting Associations' governing documents. We provide special guidance on compliance with fair housing laws and laws protecting the elderly.
General Business Law. Whether you are an entrepreneur preparing to launch a start-up or a business owner seeking to expand, you need experienced legal counsel to help you gain a competitive advantage. No matter what stage of the business cycle your company or organization is in - start up, growth, maturity, or transition - our Firm can provide the experienced counsel you need. Clients value our thoughtful counsel, our wealth of experience, our rigorous analysis of complex issues, our ability to evaluate risk, and our proven ability to execute. When multiple perspectives are needed, our team of attorneys help keep you on track as you sort through all your business and legal options. In addition to representing property owners and management, the Firm represents a number of business entities, both small and large. As a part of such representation, we provide services including entity formation (setting up corporations and LLC's with the Secretary of State), purchase and sales of a business, transfer of ownership interest, counsel and business strategy. From building tomorrow's infrastructure to laying the groundwork that will help your company compete more effectively, Hopkins Tschetter Sulzer attorneys can help you make and implement wise decisions about the future.
General Litigation. The attorneys of the Firm are in any number of courts on a daily basis on eviction and other various types of cases. Because of our extensive court experience, we have developed a comprehensive litigation practice. Firm attorneys handle cases in the State County and District courts and also in the Federal District Courts. We are trial lawyers who try cases when necessary. Clients often need aggressive advocacy, and we understand that court proceedings are sometimes the only way to obtain the desired result. We are strong advocates of arbitration, mediation, and other forms of alternative dispute resolution where appropriate. We have utilized these approaches in a wide variety of matters. Our attorneys will explore every option - negotiation, alternative dispute resolution, mediation, arbitration, litigation - and weigh all the options before deciding with clients the best and most cost-effective resolution strategy. Once in court, our trial lawyers advocate our client's position aggressively and effectively. From the initial claim through trial and appeal proceedings, we are tenacious advocates for our clients. However, when litigation is not in our clients' best interest, we will pursue alternative dispute resolution to reach a favorable settlement on cases that might otherwise entail protracted and costly litigation. In addition to litigation involving fair housing and employment discrimination as described above, the general litigation practice includes cases involving disputes between parties to real estate contracts, real estate ownership, business contracts, business ownership, and similar areas. The Firm's extensive experience in handling evictions, real estate and business transactions gives us the knowledge to handle litigation involving real estate and business cases.
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