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

Landlord-Tenant Law:Landlord-Tenant Law:From Delinquency to EvictionFrom Delinquency to Eviction

““I’m not huffing and puffing. I’m Evicting”I’m not huffing and puffing. I’m Evicting”

Differences: Residential vs Commercial LeasesDifferences: Residential vs Commercial Leases

Residential Commercial

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

First Notice/Delinquent First Notice/Delinquent NoticeNotice


Who can provide service?



How is Notice Delivered?



Who can you serve?



When can you serve?



When can you serve?



What can be included in delinquent amount?

Second NoticeSecond NoticeMay have different names:

◦3-day Notice to Pay or Vacate◦Notice to Vacate◦Notice to Quit◦Dispossessory Notice

Second NoticeSecond Notice


Who can provide service?


How is Notice Delivered?



Who can you serve?



When can you serve?



What does the lease say?

Which is the proper notice to serve?


What can be included in delinquent amount?


What happens after the What happens after the notice?notice?Who can process?What is the timing?What if the tenant acts on the

notice?What if they don’t act?

Process for Process for lockout/evictionlockout/evictionWhat access must be provided?Unlawful detainerHandling of tenant personal

propertyMoney judgment?Lease terminationMove-out inspection

Legal Forms and Legal Forms and ProceduresProcedures1. Uncontested

2. Contested

Court Options: Small Court Options: Small Claims Claims 1. Pros and Cons of Small Claims

Court

2. What to expect

3. Procedures, and costs

4. Obstacles

Other Legal Issues Other Legal Issues

1. Suits for specific lease performance

2. Premature vacates3. Midnight move-outs4. How long will it take?

Eviction Process: Flow Eviction Process: Flow ChartChart

AbandonmentAbandonment

BankruptcyBankruptcy

Security DepositsSecurity DepositsWhen 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?

Questions Questions

Documents

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