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Leases and Eviction

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LANDLORD’S REMEDIES

Originally No Limitations Modern Restrictions Violation Does Not Terminate Lease

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Jordan v. Talbotapply the law Guilty of Forcible Entry Guilty of a Forcible Detainer Not Authorized to Enter Home Not Convert Goods Not Authorized to Enter Home Not Convert Goods

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EVICTION PROCESS

Regulated by Statute Steps in Eviction

(1) terminating the lease by serving the tenant a three-day notice for cause or a 30-day notice without cause.

(2) filing, serving, and winning an unlawful detainer action.

(3) physical eviction by the sheriff.

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Termination of Tenancy

No Termination Notice Thirty-Day Notice to Terminate Tenancy Thirty-day Notice to Change Tenancy

Provisions Three-Day Notice Stated in the Alternative Landlord Sign the Notice

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Unlawful Detainer Action

Shortened Response Time Calendar Priority

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No Cross-Complaints

The tenant is prevented from asserting a cross-complaint or filing a counterclaim.

The only material issue is the lawful right to possession.

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Statutory Damages

The court may add statutory damages up to $600 in addition to the rent awarded if it determines that the tenant acted in bad faith or maliciously.

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Optional Stay of Execution

If the defendant loses the case and appeals the decision, the judge has discretion over whether to withhold stay of sentence.

In most civil cases, it is mandatory that a judge delay imposition of sentence until the appeals are completed.

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Eviction by the Sheriff

Writ of Immediate Possession Defense Strategy Special Tenancies Mobile Home Tenancies

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Section 8 Section 8 housing is a program of federal

assistance to low-income recipients . The participant will pay rent (up to 30% of

their income). Tenants have certain rights superior to those

under state law - the right to be evicted only upon 60-days notice & only for specified reasons.

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Domestic Violence Termination Exception allowing tenants subjected to

domestic violence or stalking to terminate a lease early.

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LANDLORD–TENANT RELATIONSHIP

Governed by Law Governed by Contract No Standard Form Lease

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CAR Residential Lease

See text page 311 for sample

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CAR Lease Analyzed

Lease and Demise List of Occupants Term Rent Payment Advance Deposits Amounts of Advance Deposits

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Lease Analysis

Refund of Advance Deposits Interest on Deposit Management of Advance Deposits Late Charges Parking Storage

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Analysis Continued

Utilities Condition of Premises Maintenance & Fitness (Habitability) Retaliatory Eviction Neighborhood Conditions Pets

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Analysis Continued

Rules & Regulations Condominium & PUD Alterations Keys & Locks Covenant of Quiet Enjoyment

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Analysis Continued

Entry Right of Reentry Signs Assignment & Sublease Right to Assign & Sublease

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Analysis Continued Joint & Individual Obligations Various Disclosure Notices Possession Tenant’s Obligations upon Vacating Premises Pre-Move Out Inspection Breach of Contract & Early Termination Abandonment

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Analysis Continued Disposing of Abandoned Personal Property Temporary Relocation Damages to Premises Insurance Waterbeds Antiwaiver

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Analysis Continued Notices Manner of Service Notice Period Tenant Estoppel Certificate Credit Check Mediation

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Analysis Continued Attorney Fees Other Terms–Exculpatory Clause Entire Contract & Modification Agency Interpreter & Translator

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Analysis Continued Broker’s Disclaimers Tenant’s Signature Discrimination Guarantee

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