Episode 9 – Landlords and Lawsuits – With Attorney Joseph T. Kirkland

Episode 9 of the Smarter Landlording Podcast focuses on something every landlord fears, lawsuits. In this episode, I sit down again with attorney Joe Kirkland to delve into this interesting and sometimes troubling aspect of the landlording business. Joe has over 40 years experience practicing law and this experience will show as we get into the nuts and bolts of getting sued. Joe and I start off by discussing what exactly a lawsuit is. What do the terms plaintiff, defendant, service, arbitration and bench trial really mean? We then move on and get into six types of lawsuits that a landlord is likely to face, including negligence, liability, breach of contract, code violations, discrimination and criminal activities. No conversation about lawsuits would be complete without an examination of the methods a landlord can use to protect themselves from them. There are many methods that Joe and I describe, but we take the discussion a step further by looking at some of the costs and burdens of those methods. Are they all worth it? What is right for you? Figuring out how to seek a balance between costly and cumbersome legal structures and other less complicated measures is a major part of our discussion. Finally, we briefly discuss what you should do if you find yourself on the wrong end of a lawsuit. Should you move assets? Sell everything and move to Brazil? Tune in to find out. Give us a listen today!