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Landlord-Tenant Law - Leases, Evictions, Litigation & Settlements
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Provider:
Sterling Education Services, Inc.
Topic(s):
Real Estate
Who Should Attend?
Property Managers; Developers; Building Owners; Leasing Agents; Landlords & Tenants; Other Real Estate Professionals; Attorneys
Full Seminar Description
This seminar will bring the latest practical information, legal judgment and case law to help you stay current in the constantly shifting arena of Landlord-Tenant Law. You will learn how to modify implied rights, other legal presumptions, and how to deal with common problems such as disturbances, pets, criminal conduct, and liquidated damages. You will learn your obligations as Landlord, as well as those of your tenants, including the special circumstances of mobile homes and public housing. You will review the eviction process from beginning to end, and will learn what to do when your tenant files bankruptcy. Those involved in any aspect of leasing rental property, and their legal counsel, will benefit from this seminar. Fee per person: $359PROGRAM SUMMARY
This seminar will bring the latest practical information, legal judgment and case law to help you stay current in the constantly shifting arena of Landlord-Tenant Law. You will learn how to modify implied rights, other legal presumptions, and how to deal with common problems such as disturbances, pets, criminal conduct, and liquidated damages. You will learn your obligations as Landlord, as well as those of your tenants, including the special circumstances of mobile homes and public housing. You will review the eviction process from beginning to end, and will learn what to do when your tenant files bankruptcy. Those involved in any aspect of leasing rental property, and their legal counsel, will benefit from this seminar.Seminar Highlights :
- Effect of the new bankruptcy laws on the landlord & the tenant
- About drafting key lease provisions
- The eviction process from beginning to end
- Landlord and tenant obligations
- Special circumstances - public & subsidized housing, mobile homes
- A practical approach to security deposit issues
- What to do when your tenant files bankruptcy
- Ethical considerations
WHO SHOULD ATTEND?
- Property Managers
- Developers
- Building Owners
- Leasing Agents
- Landlords & Tenants
- Other Real Estate Professionals
- Attorneys
- -- Real Estate
- -- Landlord Tenant
- -- General Practice
- -- Evictions
- -- Commercial Litigation
AGENDA
I. The Lease
- A. Routinely negotiated lease provisions – tenant’s requests/landlord response
- B. Construction and interpretation of leases
- -- 1. Lease construed as contract
- -- 2. Ambiguities and lease parole evidence rule
- -- 3. Question of law or fact
- -- 4. Summary judgment
- -- 5. Piercing the corporate veil
- -- 6. Good guy clauses and guaranty clauses
- C. Lease options and right of first refusal: exercise, forfeiture of leasehold interest
- D. Environmental or green issues in leasing
II. Tenant’s Default, Notice of Default, and Lease Termination
- A. Notice of Default: issuance, service, and specificity
- B. Lease termination and surrender
- C. Enforcement of accelerated rent and default clauses
- D. Abandoned property
III. Landlord-Tenant Evictions, Court, and Litigation
- A. The summary proceeding
- -- 1. Jurisdiction of landlord-tenant court
- -- 2. Notice of Petition
- -- 3. Judgment and warrant
- -- 4. Appellate rights and remedies
- -- 5. When not to proceed in landlord-tenant court
- B. Answer, defense, and counterclaims in landlord-tenant litigation
- -- 1. Answer or motion to dismiss
- -- 2. Defenses (acceptance of rent, laches, and retaliatory eviction)
- -- 3. Constructive eviction and partial actual eviction
- -- 4. Waiver of jury trial
- -- 5. Preclusion of counterclaims and offsets
- -- 6. Case studies/current trends in litigating landlord-tenant disputes
- C. Settlement and post-judgment issues
- -- 1. Effective drafting of the settlement stipulation
- -- 2 Appeals
- -- 3. Stay of judgment of possession and the Warrant to Remove
- -- 4. When, if ever, is a judgment final?
IV. Landlord or Tenant Bankruptcy
- A. Review of the assumption rejection procedure and the automatic stay
- B Limitations on the rights of commercial tenants-landlords in Chapter 11
- C. Limitation of the automatic stay for residential tenants in bankruptcy cases
- D. Other changes affecting leases; other changes affecting real estate
- E. Collections and judgments
V. Ethical Considerations in Landlord-Tenant Law
- A. Negotiating with a pro se tenant at court
- B. Conflicts of interest, un-represented, dual representation, competency
- C. Ethical situations
- D. Fee arrangements, getting paid
Sponsor Background:
Sterling Education Services Inc. continues a long tradition of continuing education programs first begun in Eau Claire Wisconsin in 1983, dedicated to furthering educational development within the United States through instruction of the public on subjects useful to the individual and beneficial to the community. A hallmark of this tradition is Sterling's dedication to excellence in its relationships with those it serves: faculty members, attendees, and employees. We strive to be fair and easy to deal with at all levels, delivering excellent service and value on time, every time.Specifically, Sterling Education Services, Inc. offers seminars on timely topics relevant to succeeding in the constantly changing economic, legal, and cultural environment within which professionals, educators, governmental units and agencies, businesses, non-profit entities and individuals must operate today. Sterling Education Services brings its seminars to you, enlisting faculty members from among the most distinguished professionals in your area, who are experts in topics they are presenting.
You can attend a Sterling seminar in your own community, and learn what you need to know from people you know and respect, all at a reasonable fee. You will also receive hand-out materials that are permanently bound into a reference book that will be a valuable resource after the seminar. If attending a particular seminar that you need doesn't work for you, the seminars are also available on audio tape. We look forward to serving you.
REGISTRATION INFORMATION
Time: Registration begins at 8:00am
This seminar begins promptly at 8:30am and will end at 4:30pm.
There will be a one hour break for lunch (on your own)
Refund Policy: If you pre-register and are unable to attend the seminar, your registration is transferable; just notify us of your substitution before the seminar. Or, if you call us at least three days before the seminar, you may request one of the following:
- Full transferable credit to another seminar
- Send someone in your place
- A refund minus a $25 processing fee
- OR a CD and manual set
CREDIT
Please remember to bring your license number, ID or other necessary information to the seminar to ensure proper reporting of continuing education credit.
Continuing Legal Education (CLE) Credit and Real Estate Continuing Education Credit are available for many seminars and vary by location.
Sterling Education Services is registered with the National Association of State Boards
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