This Representation Agreement (hereinafter “Agreement”) is between you, the client (hereinafter referred to as “Client”), and Kaivan Harouni of the Harouni Law Group (hereinafter referred to as “HLG”).
Scope of Services
Client is retaining the Harouni Law Group for the limited purpose of drafting a demand letter against Client’s landlord on behalf of Client in order to retrieve Client’s unlawfully retained security deposit.
Client understands that they will not get to speak with any attorney or staff of the Harouni Law Group under this Agreement, though they may negotiate to do so under a different Agreement and for more consideration. Client will submit information relating to the wrongful retention of Client’s security deposit only via a questionnaire on this website that Client will have access to upon agreeing to the terms of this Agreement and paying the fee.
Client understands that the demand letter that HLG will prepare for Client will not contain HLG’s logo, contact information, or the names of any of HLG’s attorneys or staff. The demand letter will be drafted as if written by Client, not as if it was written by Client’s attorney, and it will contain Client’s contact information, not HLG’s contact information.
Client is wholly responsible for negotiating with their landlord, and/or suing them upon receiving the demand letter that HLG will prepare for them. HLG will not negotiate or otherwise correspond with Client’s landlord in any way unless negotiated for in a separate Agreement. HLG will not advise Client with respect to negotiation with or filing suit against Client’s landlord, or for any other matter, unless negotiated for in a separate Agreement, though HLG may provide tips, information, and resources regarding negotiation and filing suit on its website.
Client understands that the statutes used by HLG to draft Client’s demand letter apply only to residential properties in California. HLG will not refund Client’s fees if Client agrees to the terms of this Agreement and obtains access to HLG’s questionnaire despite seeking to retrieve a wrongfully withheld security deposit relating to property that is either commercial or located outside of California.
Client also understands that, if they sue their landlord for $10,000 or less, they must sue their landlord in Small Claims Court. Client also understands that attorneys may not represent clients in Small Claims courts. Clients must represent themselves in court. The only exception to this rule is if Client wins their case in Small Claims Court and their landlord appeals the judgment, at which point both Client and their landlord can hire an attorney to represent them in the appeal. Though Client’s landlord may appeal a loss, Client cannot appeal the Small Claims Court’s judgment if they lose their case.
Client understands that the demand letter that HLG will prepare for Client will list the laws that Client’s landlord violated, detail how they violated those laws, will state how much Client is entitled to as a result of landlord’s violations of law, and will demand that the landlord pay Client what Client is owed or risk being sued. Client is solely responsible for giving the judge a copy of the demand letter and arguing said allegations in court. Client must also be ready to bring all relevant evidence to the trial (i.e. pictures, the lease agreement, any other documents that Client thinks may help, witnesses, etc.).
Statute of Limitations
Client understands that the Statute of Limitations for filing suit under any of the statutes that regulate security deposits is three (3) years from the date that the Client knew or reasonably should have known that their landlord violated the statute. Client also understands that the Statute of Limitations for suing Client’s landlord for a breach of their written lease agreement is four (4) years from the date that Client knew or reasonably should have known that their landlord breached their lease agreement. Client also understands that the Statute of Limitations for suing Client’s landlord for a breach of their oral lease agreement is two (2) years from the date that Client knew or reasonably should have known that their landlord breached their lease agreement. If Client suspects that their landlord violated the statutes relating to the wrongful retention of Client’s security deposit beyond the applicable Statutes of Limitation mentioned above, Client should not consent to this Agreement. Should Client consent to the terms of this Agreement, HLG will not refund Client’s fees should Client later determine that their claims against their landlord fell outside the applicable Statute of Limitations.
No Guarantees
Client understands that HLG does not guarantee any result emanating from its preparation of a demand letter for Client. Even with the demand letter, Client may or may not be able to negotiate a settlement of their case against their landlord, or they may or may not be able to win their case against their landlord if they sue.
Clients agrees that, by accepting the terms of this Agreement, they waive all rights to joining in a mass joinder or class action lawsuit against HLG.
Mediation/Binding Arbitration
In the event of a dispute between the parties in connection with any provisions of this Agreement, the parties agree that any such dispute shall be submitted first to mediation, and then, if the mediation is unsuccessful, to mandatory binding arbitration. This arbitration shall be conducted in accordance with the rules of the State Bar of California, by an arbitrator (or arbitrators) selected in accordance with those rules, or the rules of any local bar association within Los Angeles County that is operating under the auspices of the State Bar. The decision of the arbitrator(s) shall be final and binding on the parties hereto.
Refunds
Client understands that the only circumstance which would lead HLG to refund Client’s fees is if HLG determines, after Client fills out the questionnaire, that Client’s landlord did not violate any laws.