Presentation is loading. Please wait.

Presentation is loading. Please wait.

Landlord-Tenant Law: From Delinquency to Eviction “I’m not huffing and puffing. I’m Evicting”

Similar presentations


Presentation on theme: "Landlord-Tenant Law: From Delinquency to Eviction “I’m not huffing and puffing. I’m Evicting”"— Presentation transcript:

1 Landlord-Tenant Law: From Delinquency to Eviction “I’m not huffing and puffing. I’m Evicting”

2 Differences: Residential vs Commercial Leases Residential Commercial

3 First Thing to Do: Read the Lease What does the lease say? When is rent due? When is it considered Late? Who do you need to contact? What are the procedures?

4 First Notice/Delinquent Notice Residential Commercial Who can provide service?

5 First Notice/Delinquent Notice Residential Commercial How is Notice Delivered?

6 First Notice/Delinquent Notice Residential Commercial Who can you serve?

7 First Notice/Delinquent Notice Residential Commercial When can you serve?

8 First Notice/Delinquent Notice Residential Commercial When can you serve?

9 First Notice/Delinquent Notice Residential Commercial What can be included in delinquent amount?

10 Second Notice May have different names: ◦ 3-day Notice to Pay or Vacate ◦ Notice to Vacate ◦ Notice to Quit ◦ Dispossessory Notice

11 Second Notice Residential Commercial Who can provide service?

12 Residential Commercial How is Notice Delivered? Second Notice

13 Residential Commercial Who can you serve? Second Notice

14 Residential Commercial When can you serve? Second Notice

15 What does the lease say? Which is the proper notice to serve?

16 Residential Commercial What can be included in delinquent amount? Second Notice

17 What happens after the notice? Who can process? What is the timing? What if the tenant acts on the notice? What if they don’t act?

18 Process for lockout/eviction What access must be provided? Unlawful detainer Handling of tenant personal property Money judgment? Lease termination Move-out inspection

19 Legal Forms and Procedures 1. Uncontested 2. Contested

20 Court Options: Small Claims 1. Pros and Cons of Small Claims Court 2. What to expect 3. Procedures, and costs 4. Obstacles

21 Other Legal Issues 1. Suits for specific lease performance 2. Premature vacates 3. Midnight move-outs 4. How long will it take?

22 Eviction Process: Flow Chart

23 Abandonment

24 Bankruptcy

25 Security Deposits When can they be used? What charges can they be used for? If tenant becomes current, should security deposit be reinstated? If reinstatement required, what is the process?

26 Questions


Download ppt "Landlord-Tenant Law: From Delinquency to Eviction “I’m not huffing and puffing. I’m Evicting”"

Similar presentations


Ads by Google