PRACTICE
AREAS
LANDLORD TENANT LAW
RESIDENTIAL & COMMERCIAL
There are alligators in the water: it may seem easy to be a landlord, until you step into the swamp of litigation. Over the years, representing landlords, we have come to realize that this area is one of those deceptively simple ones, with a small number of applicable statutes, rules, and cases. Many landlords do not realize how much is not contained in those statutes or rules, the day-to-day practices and policies that have been formed by the courts and the lawyers over the years. Without knowing why, these landlords end up in a legal morass, trapped in a conflict between the rules and the practices of the courts, with the end result being frustration as well as a loss of money and time. We encourage landlords to talk to us both before and after they rent out property. We believe in a full service approach to our clients, working with you to prevent litigation by counseling you on best practices as well as helping you to build strong cases in the event litigation is needed in order to enforce your rights.
evictions
RESIDENTIAL & COMMERCIAL
Do it right the first time. There are many potential pitfalls in any litigation, but especially so in the fast-moving world of evictions, where deadlines are measured in days, not weeks or months. Although it may be tempting to start the eviction process on your own to save money, one small misstep, even an unintentional one, may result in dismissal, requiring that the case start over again. From start to finish, we work hard to obtain the best results for you in court, combining practical advice with spirited advocacy.
lease and addendum drafting
RESIDENTIAL & COMMERCIAL
Whether you're leasing commercial space in your development, doing an entire lease-up for a brand new multi-million dollar luxury apartment building or simply making your development smoke free; Downing Van Dyke can handle your needs. Our knowledge comes from close to three decades litigating cases using a myriad of different leasing documents. We work tirelessly to ensure that your lease and addendum are always at the cutting edge of the law.
discrimination / fair housing
DEFENSE
We understand how upsetting being accused of discrimination can be. Whether you received a complaint from HUD, a state attorney general, MCAD, BFHC or claims brought in court, Downing Van Dyke has the skills and experience to righteously defend your case. Accusing someone of discrimination should not be taken lightly and it is essential to have expert representation for such sensitive matters.
reasonable accommodation
Sometimes it can be hard to tell what even constitutes a reasonable accommodation request. From staff training on how to deal with requests to written responses and interactive dialogue, Downing Van Dyke is your go to for reasonable accommodations. Our Attorneys author chapters on the subject. Can a Pit-Bull be an assistance animal? Is Multiple Chemical Sensitivities a disability? Am I required to allow a Live In Aide? We have the answers to help you accommodate persons with true disabilities and to avoid trouble.
general civil litigation
Downing Van Dyke handles all aspects of civil litigation from claim investigation through trial. We are adept at cases ranging from small claims matters to complex civil litigation. Our primary area of expertise relates to civil matters about property, however we have substantial experience with business litigation matters as well. Our philosophy, as always, is to litigate these matters with our client's best interest in mind. We work tirelessly to ensure that no matter what our client's goal, whether it be to fend off a frivolous lawsuit or to correct an injustice through financial compensation, that we accomplish the matter to our client's satisfaction.
condominium and cooperative
Downing Van Dyke has years of experience representing condominium associations and cooperative boards. We draft condo and co-op documentation, enforce rules and by laws, and represent associations and boards in court.
title issues
Common title problems can adversely affect your ownership interest. Such defects could include errors in the property description, missing interests, judgments, and liens. These defects are considered clouds on title and render title unmarketable. We can conduct a title search, file a title claim, and if needed file a case to cure such defects and obtain marketable title.
post foreclosure eviction
Post-foreclosure evictions are not normal evictions and require specific expertise. In a post-foreclosure eviction, the defendant can challenge your ownership. A defendant challenges your ownership by alleging that the foreclosing entity failed to strictly comply with the power of sale, and therefore the sale on which your title rests was defective. If the defendant is successful, the court could strip you of your ownership. It is important to have an attorney well versed in this field as title insurance companies and foreclosing entities are slow to offer any assistance. Downing Van Dyke has years of experience representing condominium associations and cooperative boards. We draft condo and co-op documentation, enforce rules and by laws and represent associations and boards in court.