We Practice Law for Your Peace of Mind

Practical Advice for Landlord/Tenant Issues – Part 3

Author: Diane Tiveron

August 2nd, 2012

Reclaiming Leased Property—The Eviction Process

Before a landlord can reclaim possession of leased property, he or she must terminate the tenancy. First, there must be a notice of default given, depending on the nature of the default. For example, the law requires three days notice for unpaid rent or 30 days notice to terminate a tenancy in the event of a month-to-month tenancy. In no event should a lease contain time frames greater than those that are required by the law.

Typically notice of default must be provided in writing and in accordance with the terms of the lease or if there is no lease, in accordance with the Real Property Actions and Proceedings law.

Every landlord is cautioned against forced entry or entry without a judgment of possession from a court. Forced entry is never advisable regardless of the grounds of termination and is considered a trespass and breach of quiet enjoyment. If a tenant is ejected by forceful or unlawful means a landlord can subject him or herself to damages under the Real Property Actions and Proceedings Law.

Helpful Tip If You’re Facing Foreclosure

Author: Bruce Ikefugi

November 18th, 2011

Our real estate department handles all types of real estate related matters, including foreclosures.  This might be an unpleasant task, however the local lenders we represent are very understanding and sympathetic to their borrowers’ plights.  I have had our banks agree to postpone actions and sales, and to work out payment plans, or allow a home to be sold for less than the loan amount very often.


We Practice Law for Your Peace of Mind