Jan E. Beran, Attorney at Law

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Sitemap > Students > ARM Nov. 12, 2003

Lecture Topics ARM November meeting

    1. Current issues:
      1. Real Party in Interest
        1. Owner name or entity
        2. Manager name and/or entity
      2. Type of Service
        1. Personal/Residential
        2. Mail and Posting
      3. Damages trials & collections
      4. Fall out from LHA & One-Strike, You're Out
      5. Online Forms
    2. Charging for "Usual Wear and Tear" - When is a clean carpet not a clean carpet?
      1. What is Usual Wear and Tear?
      2. How can we Improve our chances?
    3. Making repairs and tenant remedies.
      1. What repairs have to be made
      2. What repairs can "wait"
      3. What a tenant can and can't do
    4. Soldiers and Sailors
      1. Who is covered?
      2. When is the notice effective?
    5. Pets, service animals and companion animals
      1. Pet deposit, pet rent and non-refundable "deposits" and charges
      2. Seeing eye dogs
      3. Other Service animals
      4. Companion animals
    6. Status of LB 456 (attempt to change refund of deposit, limits on what could be deducted etc.)
    7. Why is a lease not a contract?
    8. Overview of Eviction Process
      1. Notices
        1. Opportunity to Cure
          1. Non-payment of rent - Three Day Notice
          2. Other Breach - 14/30 Day
            Note some judges prefer a second notice on the 15th day be issued. Notice of Termination, Failure to Cure
        2. Straight (no right to cure)
          1. 30 Day notice (prior to the 1st of the month) applies to MONTH to MONTH tenancies only.
          2. 14 Day notice after notice of breach (14/30 day) within last six months
      2. Holdover
        1. If tenant remains in possession of premises without permission
        2. Watch waiver of notice
      3. Eviction Process
        1. File Petition
          1. Personal and residential service (if money judgment is important)
          2. Mail and Posting Service (if money judgment is not important)
        2. Obtain Service (sheriff or constable)
          1. If no service, must reschedule trial
          2. Obtain service by Substitute Service
        3. Trial (10 to 14 days)
        4. Writ of Restitution (lock out)
          1. Sheriff and Constable prefer moveouts on Mondays
          2. Sheriff and Constable to not remain on premises during lock change
          3. Tenant's personal property remaining in premises must be treated according to Disposition of Personal Property Landlord and Tenant Act
        5. Trial on Rent and Damages Issues (depending on service)


Please contact me (beran@aol.com) for more information.






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