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Published byDamon King Modified over 9 years ago
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Landlord-Tenant Law: From Delinquency to Eviction “I’m not huffing and puffing. I’m Evicting”
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Differences: Residential vs Commercial Leases Residential Commercial
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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?
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First Notice/Delinquent Notice Residential Commercial Who can provide service?
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First Notice/Delinquent Notice Residential Commercial How is Notice Delivered?
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First Notice/Delinquent Notice Residential Commercial Who can you serve?
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First Notice/Delinquent Notice Residential Commercial When can you serve?
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First Notice/Delinquent Notice Residential Commercial When can you serve?
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First Notice/Delinquent Notice Residential Commercial What can be included in delinquent amount?
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Second Notice May have different names: ◦ 3-day Notice to Pay or Vacate ◦ Notice to Vacate ◦ Notice to Quit ◦ Dispossessory Notice
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Second Notice Residential Commercial Who can provide service?
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Residential Commercial How is Notice Delivered? Second Notice
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Residential Commercial Who can you serve? Second Notice
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Residential Commercial When can you serve? Second Notice
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What does the lease say? Which is the proper notice to serve?
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Residential Commercial What can be included in delinquent amount? Second Notice
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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?
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Process for lockout/eviction What access must be provided? Unlawful detainer Handling of tenant personal property Money judgment? Lease termination Move-out inspection
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Legal Forms and Procedures 1. Uncontested 2. Contested
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Court Options: Small Claims 1. Pros and Cons of Small Claims Court 2. What to expect 3. Procedures, and costs 4. Obstacles
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Other Legal Issues 1. Suits for specific lease performance 2. Premature vacates 3. Midnight move-outs 4. How long will it take?
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Eviction Process: Flow Chart
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Abandonment
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Bankruptcy
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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?
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Questions
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