I am speaking at a Landlord Tenant Seminar on March 30, 2012 in Las Vegas, Nevada. It satisfies continuing education requirements for most professions.
Tenant’s Rights/Landlord’s Obligations
A. Governed by state and federal law.
B. Right to enforce lease agreement.
C. Right to enforce state and federal law.
D. Commercial rights usually less than residential rights.
1. No right to habitability in commercial settings.
E. Usually no right to jury.
F. Lower courts (justice courts or municipal courts) handle summary evictions.
1. Lower court may ignore upper court if no judgment entered.
G. Upper courts (district courts and superior courts) handle title issues.
H. Landlord must disclose and deliver premises (NRS 118) (CCC 827) (common law).
I. Tenant must pay rent.
Risk Management and Matters of Health and Safety
A. Usually governed by local law
1. Habitability
2. Trash collection, electricity, roof leaks, loiterers, etc.
B. Insurance to handle risks.
C. Ongoing inspection of property to assure tenant is maintaining it (common for banks to send photographers to residence after foreclosure to check on house).
D. Waste (ripping out copper pipes, kicking holes in walls).
E. Real property v. personal property (taking ceiling fans after foreclosure).
Nuisances
A. Look for police report.
B. Photographs are good evidence.
C. Violation of business permits or no permit.
D. Violation of HOA rules.
Property Damage
A. Against state law for tenant to destroy property.
1. Civil liability.
2. Possible criminal liability.
B. Landlord has duty to maintain.
Holdover tenants
A. When tenant will not move out after landlord has legal possession.
B. After foreclosure homeowner may become a “holdover tenant”.
C. Lease expires and tenant will not leave.
D. Landlord can get reasonable rental value from tenant.
E. Illegal immigrants and illegal aliens.
1. Landlord may be violating federal law by renting to known illegal alien.
2. Potential discrimination against landlord for not renting to certain tenants.
ETHICAL CONSIDERATIONS FOR LANDLORD TENANT LAW
A. Negotiating with pro-se tenant at court.
1. Same as with attorney except explain things more and be fair so settlement will be binding.
2. Judge will help out pro-se litigant in court.
B. Conflicts of interest, un-represented, dual representation, and competency.
1. Short time frames must be adhered to.
2. Usually no dual representation so no conflicts.
C. Ethical situations.
1. Client doesn’t tell the truth and attorney goes to court and client lies to court.
2. Submitting false leases to court (fake bona fide lease).
D. Fee arrangements.
1. Usually client pays upfront advanced retainer.
CONTACT STERLING EDUCATION FOR MORE INFORMATION
http://www.sterlingeducation.com
