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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
Residential Commercial
Who can provide service?
First Notice/Delinquent First Notice/Delinquent NoticeNotice
Residential Commercial
How is Notice Delivered?
First Notice/Delinquent First Notice/Delinquent NoticeNotice
Residential Commercial
Who can you serve?
First Notice/Delinquent First Notice/Delinquent NoticeNotice
Residential Commercial
When can you serve?
First Notice/Delinquent First Notice/Delinquent NoticeNotice
Residential Commercial
When can you serve?
First Notice/Delinquent First Notice/Delinquent NoticeNotice
Residential Commercial
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
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
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?
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?