Real Estate Principals and Practices

Instructor: Jan E. Beran, Esq.

1. Rental Agreement Terms:
1. Basic contract principals
1. Competant parties remember age of majority is 19 years
2. Subject matter
3. Legal consideration
4. Mutuality of agreement and obligation.
5. Signed by the party to be charged
2. Essentials of lease include:
1. Reversion in the landlord
2. Creation of an estate in the tenant
3. Transfer of possession and control
4. Contract, either express or implied.
5. If term for more than one year, must be in writing.
3. Rent = "fair rental value for the use and occupancy"
1. Payable without demand
2. at the dwelling payable
3. at the beginning of the month.
2. Term of Lease
   1. Month to month
   2. Other periods, automatically convert to month to month after expiration
   3. Termination no less than 30 days prior to the termination on or before the periodic rental date (normally the first).
   4. If lease exceeds five years, not governed by URLTA
3. Use of premises. for dwelling, no illegal purposes or for operation of a business.
4. Provisions: (consistent with the purpose "to modernize and revise the law . . .")
1. Cannot waive rights
2. Cannot confess judgment
3. Cannot agree to pay attorney fees.
4. No exculpation or indemnity of landlord's liability
5. No distraint for rent
6. Obligation of good faith
7. Unconscionability
8. Rules and regulations
5. Possession of the premises
1. Possession may be recovered from holderoverer
2. Habitable condition
6. Access
1. Tenant shall not unreasonably withhold consent
2. Emergency
3. Landlord cannot use lawful access to harass
4. One day's notice from landlord to tenant to enter
7. Care of premises
   1. Minimum housing codes
   2. Make repairs to restore to fit and habitable condition
   3. Keep common areas clean and safe
   4. Maintain of facilities supplied or required
   5. Garbage removal
   6. Running water and reasonable amounts
      1. Hot water
      2. Heat
   7. EXCEPTIONS:
   1. Where tenant is in control of utilities
   2. Single familiy residence tenant perform certain obligations
   3. Tenant employed to maintain
8. Security Deposit
1. Amount
1. One month's rent
2. Pet deposit = one-fourth month's rent
3. Distinguished from prepaid rent
2. Refund:
1. Use to restore premises
   1. Condition of premises at commencement of occupancy
   2. Reasonable wear and tear
2. Problems
   1. Repairs cannot be made within time?
   2. What if damages exceed deposit
3. Within 14 days after
   1. Demand (forwarding address)
   2. Return keys
   3. Non-compliance
9. Transfer of ownership and disclosure
10. Retaliation:
11. Notice:
1. Notice of a fact: actual, written, constructive
2. Receives notice
1. Tenant delivered in hand or mailed
2. Landlord delivered at place of business
3. Valid notices:
4. Non-curable
1. One day notice for access
2. Thirty day termination
3. Five day (failure to deliver possession)
4. 14 day repeat violation
5. Right to cure
1. Three day
2. 14/30 day
3. 14 day after destruction of premises
6. Waiver of notice
12. Evictions and enforcement of rights
1. Notice
2. Holdover
3. Filing of case
1. Petition
2. Counterclaims and defenses
3. Trial to bench
4. Judgment for Restitution
5. Writ of Restitution
6. Trial on other causes of action
7. Awards of damages, treble damages, and attorney fees.
1. Actual damages
1. 76-1415. Deliberate use of a prohibited provision in lease
2. 76-1427 Failure to supply heat, water, hot water, or essential services.
3. 76-1432 Absence and abandonment
4. 76-1435 Breach of lease
5. 76-1438 Landlord's abuse of access. No less than 1 month rent
2. Awards of threefold actual damages or three times one month's rent
1. 76-1418 Failure to supply possession of premises at commencement of term.
2. 76-1426 Failure to supply possession of premises at commencement of term.
3. 76-1430 Constructive or actual (wrongful) eviction
4. 76-1437 Willful holdover without landlord's consent
3. Awards of attorney fees:
1. 76-1415 Deliberate use of a prohibited provision
2. 76-1416 Failure to return deposit
3. 76-1425 Willful noncompliance by landlord affecting habitability
4. 76-1426 Failure to supply possession of premises at commencement of term.
5. 76-1427 Failure to supply heat, water, hot water, or essential services.
6. 76-1428 Meritless defense or counterclaim lacking good faith
7. 76-1430 Constructive or actual (wrongful) eviction
8. 76-1431 Willful failure to pay rent or non-compliance by tenant
9. 76-1435 Breach of rental agreement
10. 76-1437 Willful holdover without landlord's consent
11. 76-1438 Abuse of access
13. Abandon property
1. What constitutes abandonment
1. Common law rules
2. URLTA definition
2. Procedure
1. Inventory property
2. Move to storage
3. Notify owner of property
4. Disposal of Property
   1. Under $250 trashed
   2. Over $250 sold at auction
   1. Advertise Auction
   2. Auction property
   3. Proceeds apply as follows: Cost of Auction, advertising, storage and handling.
   4. Balance: Returned to tenant unless trenant has skipped, proceeds delivered to State Treasurer
14. Military Persons as tenants
15. Service animals
16. Fair Housing
17. Lead Paint Haszards