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Showing posts with the label landlord

Bar Tips of the Week

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Civil Procedure - Jurisdiction Review Federal question Federal law Watch out for questions that may present a 1st Amendment defense yet do not present a federal question Subject-Matter Jurisdiction v. Personal Jurisdiction SMJ diverse domiciled in different states where you intend to remain PJ minimum contacts purposeful availment Tort Review Negligence Duty Breach Causation Damages All superseding = intervening Not all intervening = superseding General Bar Tips Do  not just restate facts, use them Do not make the person grading the bar have to figure anything out Be clear Do not use parenthesis The person grading your bar exam should not have to read your answer twice You are not writing a law review article Be simple Be repetitive  Short sentences Think...Where do I get the most points? The bar exam wants to test issue spotting/application of the law The bar exam does not care if you are right or wrong; the bar...

What to do when you receive a 30-day notice to vacate: Notice and a Hearing

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Dependent upon the state that you reside, if your landlord attempts to evict you consider the following: Notice If you have a written lease (and sometimes even when you do not have a written lease) your landlord must give you written notice or he/she cannot ask you to move out There are numerous ways that a landlord can deliver the notice.   He/she may: Give you the notice in person Give the notice to any adult who lives in your home, or Leave the notice on your door Hearing If you wish to stay and you believe that your landlord had no legal reason to give you the notice then you should exercise your right to trial Your landlord will have to pay the filing fee and wait for a hearing  At the hearing, your landlord will have to prove that you violated the lease and that you were served with the proper notices Do Not Leave Notice and a hearing is where it starts There are numerous additional tenant rights that you may be able to evoke when a landlord att...