Monday, June 13, 2016

Can I Accept Rent After I Serve an Eviction Notice on a Tenant?

by Brittany M. Pace, Esq.

Landlords are often confronted with the issue of whether they can accept rent from a tenant after the landlord serves the tenant with a three-day eviction notice. The answer depends on the answer to a few other questions.

Let's break down these questions so you can be sure you are getting your rent money from the tenant the right way without waiving any of the rights you have as a landlord to evict a tenant in default.

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Monday, February 15, 2016

What Happens at an Eviction Hearing?

by Timothy H. Baland, Esq.

Landlords often ask me what happens at an eviction hearing in Minnesota. The simple answer is that one of four things can happen, depending on what the landlord wants to happen and whether or not the tenant shows up.

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Thursday, December 17, 2015

Landlords' Guide to the Eviction Process in North Carolina

by Peter D. Isakoff, Esq.

As a landlord, taking a tenant to court can be a confusing and daunting process. A common reason landlords take tenants to court is when tenants default on leases by not paying rent. North Carolina law, specifically N.C. General Statute Chapter 42, provides a detailed, multi-step process for these types of cases in North Carolina.[1] The law spells out what must be done to legally remove residential tenants in North Carolina and prohibits landlords from using self-help.

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Thursday, November 19, 2015

Corporate Landlords Must Be Represented by Attorney in District Court

by Timothy H. Baland, Esq.

In a published decision issued on Monday, November 9, 2015, the Minnesota Court of Appeals ruled that corporate landlords—including limited partnerships—must be represented by a licensed attorney in district court.

A15-0496: Hinckley Square Associates, Respondent, vs. Leah D. Cervene, Appellant.

On appeal from a judgment ordering her eviction, appellant Leah Cervene argues that the district court erred in denying her motion to dismiss the complaint because respondent-landlord Hinckley Square Associates ("Hinckley Square") is a limited partnership and did not appear through licensed counsel in district court.

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Wednesday, January 28, 2015

The Perils of the Unlicensed Contractor Repair

by Aaron Weiner, Esq.

Many residential landlords use a good maintenance person to do most repairs, even electrical and plumbing. The practice saves time and money. The landlord may not even be aware whether any of the work performed required a licensed professional. If the repair is done correctly, no harm no foul, right?

But beware of the litigious tenant who is creative about getting out of their rent obligations.

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Wednesday, January 21, 2015

The Business of Being a Landlord and the Moral Imperative (Avoiding Homelessness)

by C. Gavin Oppermann, Esq.

The New Jersey landlord-tenant laws are arguably some of the most tenant-friendly (and thus landlord-costly) in the nation. Statutes, such as the Landlord Registration Act and the statutory requirements of "For Cause" evictions, create practical and legal impediments to removing a difficult tenant for any reason.

The exception to these impediments is non-payment of rent, which increases the time and costs necessary to remove a troublesome tenant. Thus, most landlords will use the claim of non-payment of rent as the primary basis for removal of a difficult tenant.

The question is: "Should they?"

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Monday, November 24, 2014

5 Ways to Decrease Evictions

by John M. Mione, Esq.

Evictions cost everyone: landlords, property managers, even tenants. Legal costs, time spent at court and, of course, lost rent while finding a new tenant all harm a landlord's net operating income (NOI). Landlords need to understand that decreasing evictions, aside from the obvious benefit of strengthening relationships with existing tenants is vital to optimizing NOI.

Here are some helpful tips to get residents to pay more timely and consistently, and thus decrease evictions.

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Monday, July 28, 2014

Wisconsin Act 76 Brings Many Changes to Landlord-Tenant Law

by Steven J. Krueger, Esq.

In 2012, 2011 Wisconsin Act 143 ("Act 143") shook up the landlord-tenant law. Act 143's surprising effects led lawmakers to draft a new act: 2013 Wisconsin Act 76 ("Act 76"). Act 76 was signed into law on December 12, 2013, and became effective on March 1, 2014. Act 76 favors landlords, although tenants do receive some benefits.

Below is a list of the enacted changes to landlord-tenant law under Act 76.

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Monday, May 19, 2014

Tenant Escapes Rent Obligation Where Landlord Failed to Provide Timely Notice

by Henry F. Luepke, Esq.

Missouri statutes give landlords a prompt and efficient means of recovering both past-due rent and possession of the leased premises from a defaulting tenant. Under section 535.010 et seq., if a tenant fails to pay the rent due, the landlord may then file suit and proceed to trial and judgment, without a jury, under the stream-lined procedures of the associate division of the circuit court. The process from filing to judgment and eviction may in some cases take place within less than ninety (90) days.

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Friday, February 21, 2014

Avoiding the Tenant from Hell

by Diane C. Bristow, Esq.

It is important for every landlord to conduct a background check on any prospective tenant. The landlord should obtain as much information as is possible about the prospective tenant's identity, income and assets. Not only is this a factor in tenant selection, but it also provides the landlord with essential information in the event of a later default by the tenant (e.g. in the payments required under the lease). The information obtained should include the tenant's date of birth, social security number, and driver's license number.

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