Welcome to the Fonteneau Firm, LLC

I am Joining the Faculty at Solo Practice University.

Kira Fonteneau — Mon, 03 May 2010 12:38:36 +0000

I am excited to announce that I am joining the faculty at Solo Practice University. SPU is a phenomenal resource for solo and small firm lawyers to learn the nuts and bolts of building a practice. Attorneys who join can learn substantive law as well as valuable information about actually running their practices. But don’t take my word, for it take a look at the announcement:

Kira Fonteneau is a landlord tenant attorney primarily representing landlords. She will teach a course about Landlord/Tenant Law at Solo Practice University™.

Ms. Fonteneau is Licensed to practice law in Alabama, Georgia and Virginia, but focuses her practice in Alabama running The Fonteneau Firm, LLC. As part of her practice, Kira routinely and successfully represents clients from across the country with legal issues in Alabama in unlawful detainer, ejectment, premises liability and other disputes arising out of the landlord and tenant relationship. Ms. Fonteneau also advises her clients concerning landlord best practices to avoid tenant claims and protracted litigation.

She holds a Bachelor of Arts from The University of Virginia and a Juris Doctor from the University of Georgia School of Law. Kira is also an accomplished speaker focusing her presentations on employment topics like the Family and Medical Leave Act, the Americans with Disabilities Act, Racial and Sexual Harassment, Proper Discharge Procedures and Leadership.

I will be teaching all about landlord and tenant law. In the class, I will discuss the benefits of adding landlord tenant to your practice, ways to attract landlord tenant clients and the nuts and bolts of the substantive law. So if you are a lawyer or will be one soon, I encourage you to become active in Solo Practice University. I will see you there!

Do you have chinese dry wall?

Kira Fonteneau — Fri, 27 Nov 2009 23:18:51 +0000

Do you smell rotten eggs in your nearly new home? Is your metal turning black? Is the copper in your plumbing or heating and air conditioning unit corroded? If so, you may be one of the thousands of homeowners whose homes were constructed with substandard Chinese drywall. Homeowners across the country but particular in Louisiana, Florida and Alabama have been affected. What’s worse, some of the homeowners have reported health problems associated with breathing in the toxic fumes. The affected dry wall is thought to have been used in homes as early as 2001, but experts believe that most of it was installed between 2004 until 2006. If you think that you may have Chinese drywall in your home, the first thing you should do is look for the following signs:

Jewelry and household metal with greater than normal tarnishing;
Sulfur or rotten egg smell upon entering the house;
Corrosion on copper pipes;
Corrosion on copper electrical wiring;
Drywall board with the name Knauf or “made in China” stamped on it.

The effects of this drywall can be catastrophic in terms of damage to your home. In severe cases all wiring, drywall and plumbing will need to be replaced. Your home may also need to be thoroughly cleaned to remove the contaminants left behind even after the drywall has been removed. If you believe that your home may have been constructed with Chinese drywall, it is important that you get in touch with a competent attorney in your area as soon as possible. The Fonteneau Firm is investigating Chinese drywall cases. Please feel free to contact us if we can be of assistance.

U.S. Supreme Court: State’s Forensic Experts Can be Required to Testify

Kira Fonteneau — Wed, 08 Jul 2009 17:18:47 +0000

In one of the last decisions of the term, the U.S. Supreme Court made it clear that criminal defendants have the right to cross-examine the forensic experts who create lab reports introduced at trial. The ruling in Melendez-Diaz v. Massachussets upholds the principal that a defendant has a constitutionally guaranteed right to confront his/her accusers.

In the past, some states had allowed the prosecution to introduce a certified affidavit indicating the results of forensic analysis into evidence without calling the technician to testify. This meant that the defendant could not question the technician about the process by which the analysis was conducted or the accuracy of the results. Now, defendants who have been notified that the state intends to introduce forensic analysis may then notify the State of his/her desire to confront the witness. The Court also made clear that althought the state must produce the witnesses for trial, it may also impose procedural rules concerning the testimony. As such, it is likely that the states will adopt rules that require the defendant to make the election to require testimony within reasonable time frames or lose the right.

Your Landlord Tenant Questions Answered

Kira Fonteneau — Mon, 06 Jul 2009 16:30:46 +0000

For many Alabama landlords the Landlord Tenant laws can seem like a maze of confusing rules. Not following the rules can cost landlords valuable time and money. So, in an effort to demistify the process, I will be answering some of the most commonly asked landlord tenant questions.

Today’s Question? My tenant’s utilities have been turned off. Can I re-take possession of the unit?

Retaking possession of a property can be a tricky situation. Landlords who wish to take possession when it is not clear that the tenant has vacated must weigh the risk of a lawsuit for unlawful eviction with the lost time and income that can result from delay. If you are considering retaking possession of your property because of abandonment of the premises, you should look at all the circumstances before taking any steps to remove your tenant’s belongings. The safest way to protect yourself from being sued for an unlawful eviction is to use the court system to retake possession, but sometimes landlords want to avoid using the courts because it can be time consuming.

If you are faced with the decision of whether to retake possession of your property it is probably a good idea to document your reasoning. Ordinarily, a landlord has no right to retake possession of the property just because a tenant has failed to maintain the utilities. However, disconnected utilities can be evidence that the tenant has abandoned the residence. If you find that the utilities in your property have been disconnected, it may make sense to visit the property and talk to your tenant. If your tenant is still actively living there, you probably do not have grounds to retake possession. But, if you find that all of the utilities are shut off and the furniture has been removed, it may be appropriate to retake possession without resort to litigation.

If you decide to retake the possession because of abandonment, it is a good idea to document your reasoning. One way to do that would be to send your tenant a dated letter that explains that you have noticed that the property appears to be vacant and that any possessions left in the property will be discarded after 14 days. The letter might also explain the reasons you have come to those conclusions and give the tenant a way to contact you to collect leftover possessions if you have changed the locks.

Remember, if you decide to retake possession without filing an eviction there is no way to ensure that your tenant will not sue you for unlawful eviction, but an ounce of prevention is always worth a pound of cure.

I was pulled over, can the police search my car?

Kira Fonteneau — Sun, 03 May 2009 21:08:54 +0000

We have been discussing common questions about criminal law.

Today’s Topic: Can the police search my vehicle if they pull me over?

If you have been pulled over for a minor traffic violation, ordinarily the police may not search your vehicle for other contraband even if you are arrested for the ticket. The important question to ask when determining if the officer may search a vehicle is whether the original citation encounter has ended. If the citation encounter has ended the police typically have no right to search your vehicle. Once the citation has been issued the police officer must have probable cause to search your vehicle.

Probable Cause

Probable cause is usually defined as a reasonable suspicion that a crime has been committed. That means that given the facts and circumstances available to the police officer at the time, a reasonable person would be satisfied that a crime had been committed.

If the police officer has probable cause to believe that a crime other than the traffic citation has occurred, then that police officer may generally search the vehicle. However, police officers may not search vehicles simply because the occupants were arrested or cited for a traffic violation. The search must bear some relationship to the citation given.

It is also important to note that the police may search a vehicle if they are given permission. As such, it is important for individuals who are pulled over to understand that they may politely refuse an officer’s request to search a vehicle and do not have to give the officer a reason for that refusal.

U.S. Supreme Court Limits Warrantless Vehicle Searches

Kira Fonteneau — Wed, 22 Apr 2009 12:16:33 +0000

On April 21, 2009 the Supreme Court limited warrantless vehicle searches in a decision that will be seen as a victory for criminal defendants and advocates of privacy rights. In a 5-4 decision, the U.S. Supreme Court limited the ability of law enforcement to search the vehicles of people who are arrested. In Arizona v. Gant the police arrested the defendant for driving with a suspended license, took him into custody and searched his vehicle for illegal drugs. At the time of the search, Gant was already handcuffed and sitting in a police car. The Supreme Court held that the police had no safety interest in searching the vehicle as the suspect was in custody and the search was not related to the offense for which the defendant was being arrested and as such, invalid. In doing so, the Court overturned a longstanding ruling that had been used to allow the police to arrest individuals for minor traffic violations, place the occupants in custody and search an entire vehicle for contraband.

In the ruling, the Court did not completely prohibit warrantless searches of vehicles. It did, however, give law enforcement a clearer test to determine whether a particular search will be proper. After the ruling an officer may search a vehicle without a warrant “when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.” The test the Court established now prevents the police from searching a vehicle after the defendant has been safely taken into custody and there is no risk of danger to the officer, but does allow a search for evidence of the particular crime the defendant is being arrested for. As such, the days of a routine traffic stop leading to a full-scale search of a vehicle when no other criminal activity is found may now be over.

I Have Been Arrested. When should I See a Lawyer?

Kira Fonteneau — Sat, 18 Apr 2009 01:38:13 +0000

We have been exploring common questions concerning criminal law.

Today’s Topic: When Should I See a Lawyer?

If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. A lawyer will have a better sense of what you should and should not say to law enforcement officers in order to avoid being misinterpreted or misunderstood. The lawyer also can advise you, your family, and/or friends on the bond process.

If the court determines that you cannot afford an attorney and you are charged with an offense that could result in a jail or prison sentence, you will more than likely be appointed an attorney to represent you. If you are unable to pay for an attorney, it is your responsibility to ask for an appointed lawyer.

If you can afford an attorney, it is important that you engage a lawyer as soon as possible. A lawyer who has more time will be better able to conduct an investigation on your behalf. As time goes by witnesses often forget crucial details or disappear. That is why it is very important that any person who is accused of a crime find a competent legal representation.

I was arrested. What does that mean?

Kira Fonteneau — Tue, 14 Apr 2009 01:33:28 +0000

In this Series we will discuss common questions related to Criminal Law.

Today’s topic: What is an Arrest?

An arrest is a type of detention. When you have been arrested, you are not free to leave the scene. There are other types of detentions for shorter periods that are not considered arrests. For example you can be held for questioning for a short time if a police officer or other person believes you may be involved in a crime. Shop owners can also detain you for a reasonable amount of time if they suspect you of stealing. A person who is arrested or detained is only required to show identification and answer basic questions about their identity and address.

Welcome to The Fonteneau Firm

Kira Fonteneau — Mon, 13 Apr 2009 00:44:35 +0000

The Fonteneau Firm is a general practice law firm with an emphasis on landlord tenant law, criminal law, personal injury, and employment law.

It is a simple fact of life that not all disputes are matters of black and white, right and wrong. When you need someone who understands that, look to the Fonteneau Firm for help. We will help you understand the relevant legal issues, explain your legal and non-legal options, and be honest with you about the potential consequences of your options so you can come to a decision about how best to resolve your problems. I hope you will take a few minutes to learn a little more about me, the firm’s practice areas and the law. I look forward to serving you, so feel free to contact me.

Landlords: Pick Your Property Manager Wisely

Kira Fonteneau — Sat, 07 Mar 2009 16:51:23 +0000

If you own rental property, you know that sometimes maintaining a property is time consuming. That is why many landlords choose to contract with a property management company to manage their units. Hiring a property manager can save you time but it is important to ensure that the manager complies with the landlord tenant laws of Alabama and your standard of maintenance and tenant relations. Always remember that ultimately your property manager represents you and as such, you will be responsible for the manager’s actions. With that in mind, here are a few things you should consider when dealing with managment companies:

Understand the fee structure: It goes without saying that you should consider the cost of the service in relation to the services offered. Often managment companies charge 10% or more of the rental income on your properties. You can also expect additional fees for the initial rental and maintenance costs. Review the contract to ensure that you are not surprised by the cost of services.
Review the rental companies proposed lease and termination notices: Ultimately, you are responsible if your manager is using outdated leases and termination notices. Problems with these forms can cause you to lose precious time and money if your eviction proceeding is delayed or dismissed because of inadequate forms.
Review their fair housing policies: All property managers should know that there are federal anti-discrimination laws that apply in housing rentals. If a potential manager cannot answer your questions about the laws or openly makes discriminatory statements in your presence, you may want to think twice.
Take a look at other properties the potential manager is currently handling. Do they look well kept? Is the yard maintained? If the other properties in the manager’s portfolio look run down, you may want to look elsewhere.
How does the manager talk about the tenants? If a potential manager sees the tenants as the enemy, you may have future problems. In my experience, when people have healthy relationships with the landlord or property manager, they tend to cooperate and pay the rent. When the relationship breaks down or the tenant feels disrespected, it becomes harder to collect.
What are the manager’s policies with regard to scheduled maintenance and inspections? It is a good practice to have quarterly walk throughs of your property to ensure that they are maintained. While you are there, you can see the properties yourself and talk to your tenants if there are things that need repairing. This is also a way to verify that the mainenance you were charged for was done in a satisfactory manner.