Summary Ejectment. The 10 Minute Guide to. Show me the lease. No lease? Tell me about your rental agreement. 3 Doors to Possession 6/25/2012

Similar documents
Working with Breach of Lease Condition

(As usual, you don t know the rules until you know the grounds.)

LAW OF SUMMARY EJECTMENT

BRIEF SUMMARY OF TENANT PROTECTION LEGISLATION

LANDLORD TENANT CLE. Ben Many Pisgah Legal February 2018

Legislation/Civil Law/2012

The Consumer Protection Laws Important to District Court: A Broad Overview. Topic Overview 4/11/2018

Basic Eviction Defense Training

(State law provides that the late fee may not exceed $15.00 or five percent (5%) of the rental payment, whichever is greater.)

[Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007).]

(Otherwise Known As the Lease)

MOHAVE COUNTY JUSTICE COURT

Landlords guide to Lease Forfeiture. Vicks Enforcement

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

HOW TO FILE AN ANSWER TO AN EVICTION LAWSUIT (UNLAWFUL DETAINER )

Information for Landlords

EVICTIONS including Lockouts and Utility Shutoffs

What Can a Landlord Do When it Looks like the Tenant Has Abandoned the Property?

CIVIL CASES COUNTY COURT

LAND SALE CONTRACT Josephine County, Oregon

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE BILL 174 RATIFIED BILL

ANNUAL VOLUNTEER LAWYER SEMINAR UNIFORM RESIDENTIAL LANDLORD/TENANT ACT

RENTERS GUIDE TO EVICTION COURT

(State law provides that the late fee may not exceed $15.00 or five percent (5%) of the rental payment, whichever is greater.)

ALAMEDA S COOPERATIVE SHAREHOLDER OCCUPANCY AND RESIDENT AGREEMENT!

St. Andrews HOA c/o Morley Property Management, Inc. 32 Hampton Road Southampton, NY 11968

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

LANDLORD/TENANT OVERVIEW

LANDLORD AND TENANT FORMS - INSTRUCTIONS

Eviction Training Part One: Eviction Basics/Substantive Law 1 April 13, 2016

EMPLOYEE RESIDENTIAL LEASE AGREEMENT by and between THE TEXAS A&M UNIVERSITY SYSTEM and

THE EVICTION ACTION. Bruce E. Gudin

DISPOSSESSORY AND DISTRESS WARRANTS. by Scott I. Zucker, Esq. Weissmann & Zucker, P.C.

LANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)

CAMPBELL COUNTY AND CAMPBELL COUNTY SCHOOL DISTRICT NO. 1 GROUND LEASE

for the term of to commence and to end,

LANDLORD S GUIDE TO SUMMARY EJECTMENT PROCEEDINGS IN NORTH CAROLINA

11/5/2015. Kevin Heaney, Crowley Fleck, PLLP. Montana Land Title Association Fall Education Seminar

NC General Statutes - Chapter 42 Article 1 1

Landlord Tenant Law Module #2

Rentersʼ Guide to Eviction Court

How to Answer Your Eviction Case

19. Assignment and Sublet

NC General Statutes - Chapter 47C Article 4 1

VIP Realty NC, LLC 504 R East Cornwallis Dr. Greensboro, NC O: (336) F: (336) Property Management Agreement

TSB Holdings, LLC (hereinafter referred to as TSB Holdings), a limited liability

FILED: NEW YORK COUNTY CLERK 12/12/ /30/ :39 06:55 PM INDEX NO /2016 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 12/12/2016

COMMON (AND NOT SO COMMON) DEFENSES TO EVICTION. All leases of residential real property include an implied warranty of

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013

The Court and its staff CANNOT tell you what you should do about your problem.

Jackson County Courthouse 3rd Floor Civil Records 415 E. 12th Street RM 305 Kansas City, MO (816)

Eviction Scenarios. And All Occupants

Russell v. Richards. UCC Installment Sale Contracts 4/10/2013

RV SPACE RENTALS. The law treats long term (over 180 days) RV space rentals differently than short term space rentals.

RESIDENTIAL LEASE AGREEMENT

IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY PHILIP AMOR, et al., CVCV75753

LIFTVIEW CONDOMINIUMS MASTER RENTAL AGREEMENT

BILL TOPIC: "Residential Tenants Health & Safety Act"

Chapter 2: Landlord / Tenant

Problem 3. Absolute Deed or Equitable Mortgage? Variation 1 (Easy Mortgage Case) April 1: Lambert pays Wells $160K

Maine State Housing Authority Owner of Contract Unit****

The Clogging Rule. Contemporaneous Option as Clog

JUSTICE INITIATIVES. Quick Guide Got a Record? Know Your Rights. Housing

Liquidated Damages under The Florida Residential Landlord and Tenant Act. Background

ISSUES RELATING TO COMMERCIAL LEASING. BARBADOS Clarke Gittens Farmer

La w of forfeiture faced with radical reform An overview of the Landlord and Tenant (Termination of Tenancies) Bill

Issues Relating To Commercial Leasing. AUSTRALIA Clayton Utz

A Landlord's Lien for Rent on Bankruptcy of His Tenant

RESIDENTIAL LEASE. This Lease Agreement entered into this day of, 2014, between George Robert

LEAVE & LICENSE LEASE AND POWER OF ATTORNEY REAL ESTATE SUMMIT 2016

LEASE AGREEMENT TENANTS: 1. AGREEMENT: The parties hereto mutually agree and covenant as follows:

Ending Leases Options and issues

ADDRESSES MUST BE CORRECT

RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014

LEASE AGREEMENT Premises Rent

BUSINESS PROPERTY LEASES

Midwest Affordable Housing Management Association 2013 Regional Housing Conference Eviction Defenses June 4, 2013

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 4001

LANDLORD AND TENANT RELATIONSHIPS Act 348 of 1972

8/8/2014. Seattle. Seattle. King County Bar Association Housing Justice Project August 8, Bainbridge

Ohio Residential Lease Agreement

Tschetter Hamrick Sulzer SECURITY DEPOSITS 101 INTERESTING QUESTIONS

AGREEMENT FOR DEED. Articles of Agreement Made this day of A.D. 2016, between Seller, ( Seller ) and Buyers, ( Buyers ).

NC General Statutes - Chapter 42 Article 5 1

Month-to-Month Residential Rental Agreement

Title 10: COMMERCE AND TRADE

PART II RESIDENTIAL TENANCIES

Alabama Uniform Residential Landlord and Tenant Act (AURLTA)

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

ARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease. Institute for Energy Law Texas Mineral Title Course

ISSUES RELATING TO COMMERCIAL LEASING. U.S.A., ALABAMA Maynard, Cooper & Gale, P.C.

Historic Stockade Apartments, Schenectady, NY Annual Rental Agreement revised

EVICTION CASES FROM START TO FINISH

PANGBORN MEMORIAL AIRPORT HANGAR SPACE LEASE AGREEMENT

MONTLY RENTAL AGREEMENT

Lease & Property Management Disputes

PART 1: BROKERS. Sources of Relevant Law. Selected Statutes and Regulatory Materials Concerning Brokers

FROM COUNSEL A Preventive Law Service of the Fort Riley Legal Assistance Office Keeping You Informed On Personal Legal Affairs

RESIDENTIAL LEASE AGREEMENT

KSS Sales Proposal Terms & Conditions

Transcription:

The 10 Minute Guide to Summary Ejectment Show me the lease. No lease? Tell me about your rental agreement. A landlord tenant relationship is required for an action for summary ejectment. 1

Lease contains a forfeiture clause. 1 If tenant violates any material provision of this lease, the landlord has the right to declare it forfeit and to retake possession of the rental property. Forfeiture clause applies to particular breach committed by Tenant. No $$$ this month In the event that the landlord decides to terminate this lease, the landlord will deliver written notice of termination at least 7 days prior to termination. Landlord strictly followed lease procedure for forfeiture. Is this a forfeiture clause? In case Landlord should bring suit for the possession of the premises, for the recovery of any sum due hereunder, or because of the breach of any covenant herein, or for any other relief against Tenant, declaratory or otherwise, or should Tenant bring any action for any relief against Landlord, declaratory or otherwise, arising out of this lease, and Landlord should prevail in any such suit, Tenant shall pay Landlord a reasonable attorney's fee which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Morris v. Austraw, 269 N.C. 218, 222, 152 S.E.2d 155, 158 (1967) 1. Forfeiture clause 2. Triggered by T 3. Lease procedure for termination strictly followed 2

Defenses to LL didn t follow correct procedure Waiver Defenses to When termination of a lease depends upon notice, the notice must be given in strict compliance with the contract as to both time and contents. Stanley v. Harvey, 90 N.C. App. 535, 539, 369 S.E.2d 382, 385 (1988) Subsidized housing? Be especially careful! Defenses to After learning of tenant s breach, plaintiff had two choices: 1) it could commence proceedings to remove defendant from the premises, or 2) it could continue to accept rent from defendant and permit the lease to remain in force. Plaintiff could not do both. Cmty. Hous. Alternatives, Inc. v. Latta, 87 N.C. App. 616, 618, 362 S.E.2d 1, 2 (1987) 3

New law! In an action for ejectment based upon G.S. 42 26(a)(2), the lease may provide that the landlord's acceptance of partial rent or partial housing subsidy payment does not waive the tenant's breach for which the right of reentry was reserved, and the landlord's exercise of such a provision does not constitute a violation of Chapter 75 of the General Statutes." S.L. 2012 17, effective 10/1/2012 Failure To No forfeiture clause in lease. T failed to pay rent when due. LL demanded the rent and waited 10 days before filing complaint. 1. T failed to pay rent. 2. LL made clear demand for rent. 3. T failed to pay within 10 days. 1. Forfeiture clause 2. Triggered by T 3. Lease procedure for termination strictly followed 4

Common Defenses to Lease has forfeiture clause. make separate demand. Tender LL didn t wait long enough before filing complaint. Common Defenses to Tender When? What? Any time prior to judgment. the rent due and the costs of the action. How? Cold hard cash. Tender is an absolute defense. The lease is over, and T s still there! A lease ends when it says it ends. If the lease specifies what the LL must do to end the lease, that s what the LL must do. If the lease doesn t say when or how, the law controls the notice that must be given. 5

1. T failed to pay rent. 2. LL made clear demand for rent. 3. T failed to pay within 10 days. 1. Lease has ended. 2. T remains in possession. 1. Forfeiture clause 2. Triggered by T 3. Lease procedure for termination strictly followed Frequent Defense to Extension of lease implied by conduct. (This is sometimes analyzed as waiver.) Lease wasn t terminated. follow required procedure for termination. 1. T failed to pay rent. 2. LL made clear demand for rent. 3. T failed to pay within 10 days. A landlordtenant relationship is always an 1. Lease has ended. essential 2. T remains in possession. element. 1. Forfeiture clause 2. Triggered by T 3. Lease procedure for termination strictly followed 6

SE is just no use at all to reach which of the following objectives? A guest who s outstayed her welcome. SE is just no use at all to reach which of the following objectives? A guest adult son who s outstayed his welcome. SE is just no use at all to reach which of the following objectives? A guest adult son roomate/lover who s outstayed his welcome. 7

SE is also useless when it comes to Removing your sister from the property daddy left you Forcing the live in nanny to stop living in after you fire her. Helping you sell a home on the installment plan, again... and again... and again... and again. Making the paying customer leave your hotel, residential treatment center, or group home. 8