The primary focus of this workshop is on the Basic Residential Eviction action of Eviction for Non-Payment of Rent. Emphasis is on and examples presented to demonstrate the importance of using the legally correct notice to eliminate any defense against the eviction action. The class covers the key issues in drafting notices and the common mistakes that can and are frequently made in filling out and serving the notice, which result in defective service and delay in eviction.
What are the dos and don’ts of service? The goal is to develop an understanding of the complete Eviction Flow Process not just filing out notices. Is a three day notice really three days? How and what days do you count? Technical defenses most often used by tenants including tender, waiver, and partial payments, plus, how to deal with them.
Lease language that works or doesn’t work. What do the different types of notices mean, what do they tell a tenant, and when should you serve more than one notice? What are the grounds for different types of Evictions and their corresponding notices? Notice to comply vs. notice to quit. When does a tenant have the right to cure and when not? Information covered includes the ordering and handling of Writs and the use of Stipulations in the Eviction Process. We will also address some basic issues that arise in subsidized housing evictions. Abandonment of the property and tenant liability are discussed as well as the issue of possession of the property by judgment. Non-monetary evictions (evictions for cause) are broadly addressed including compliance, subsequent and substantial violations as well as lease termination. However, it is strongly recommended that clients follow up training in Basic Evictions with attendance at our Advanced Non-Monetary Eviction Class to clearly understand the eviction process and correct notices for evicting tenants for cause as this is a more complicated area of eviction legal procedures. Participants receive a workbook that includes the material covered and copies of correct Eviction Notices, Writs & Stips, and other key topics of interest to multi-family housing professionals.
