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The Exhaustion Premium: Why Tenants Don't Sue
Episode 4224
Published 1 month ago
Description
Daniel and Hannah had a solid legal case against their landlord—a roof leak, mold, broken lease obligations, and a lawyer-landlord who knew exactly how to exploit the system. They won their case in principle, but lost their security deposit to a mutual waiver of liability. This episode unpacks the brutal math behind tenant-landlord disputes, introducing the concept of the "exhaustion premium"—the hidden cost of exercising your legal rights that keeps 90% of tenants from ever filing small claims, even when they'd win. We explore why individual rationality leads to collective failure, how the hassle factor filters out the most vulnerable tenants, and why the system is structurally designed to prevent tenant cases from creating precedent. If you've ever felt guilty for not fighting a legal battle you knew you'd win, this episode is for you.