|
|
|
|
|
| From Event: Commercial Evictions from Start to Finish, held November 2011.
|
Program Description
|
|
In commercial leasing, the attorney's job is to anticipate the worst outcome from the very start of a landlord-tenant relationship. This definitive guide will teach attorneys and other landlord representatives how to protect their clients from tenant defaults and minimize losses in the event of eviction. Find out what lease provisions will ensure a quick and easy lease termination and help avoid litigation. Apply our expert drafting tips to improve the effectiveness of your contracts, notices and complaints. Get step-by-step techniques for evicting a tenant for non-payment or other lease defaults, and protect your landlord clients' rights of possession. Order today!
|
Course Content
|
- Commercial Leasing Overview and Legislative Update
- How to Avoid Eviction Litigation Before the Lease is Signed
- Eviction Proceedings in Detail
- Common Tenant Defenses to the Eviction Action
- Select Issues in Terminating Commercial Leases
- Overcoming Ethical Challenges
|
|
Continuing Education Credits:
|
|
Continuing Legal Education Credit Hrs State Credit Approval Expiration
* denotes specialty credits
|
|
|
|
|
|
Agenda / Content Covered:
|
|
COMMERCIAL LEASING OVERVIEW AND LEGISLATIVE UPDATE 9:00 - 10:00, Michael B. Katz - Types of Commercial Leases
- How are Commercial Evictions Different from Residential?
- Major Laws Governing Commercial Landlords and Tenants
- Current Case Law Update
HOW TO AVOID EVICTION LITIGATION BEFORE THE LEASE IS SIGNED 10:15 - 11:15, Terry Pabst - Avoiding Potential Insurance and Subrogation Problems
- Disclaimers of Liability and Indemnification
- Advising Clients on Entity Verification, Credit Checks, Deposits, Liens and Guarantees
- Essential Lease Provisions
- Common Drafting Oversights That are Likely to Cause Litigation
EVICTION PROCEEDINGS IN DETAIL 11:15 - 12:15, Mondi L. Ghasedi - Grounds for Eviction
- Proper Notice Practices under the Lease: Types, Language, Timing, Service
- Proper Statutory Notice
- Preparing and Filing the Complaint
- The Role of Alternative Dispute Resolution in Commercial Evictions
- Eviction Court Procedure and Timeline from Start to Finish
- Litigation Strategies
- Practical Tips for Going to Trial
COMMON TENANT DEFENSES TO THE EVICTION ACTION 1:15 - 2:15, Mondi L. Ghasedi - Acceptance of Rent and Waiver
- Breach of Covenants
- Constructive Eviction
- Lockout and Self-Help
- Failure to Mitigate Damages
SELECT ISSUES IN TERMINATING COMMERCIAL LEASES 2:30 - 3:30, Michael B. Katz - Abandonment
- What to do When the Tenant Vacates
- Availability of Double Rent
- Ejectment as an Alternative to Unlawful Detainer
- Defective Exercise of Option to Renew
- Bankruptcy
OVERCOMING ETHICAL CHALLENGES 3:30 - 4:30, Terry Pabst - Attorney-Client Confidentiality
- Determining and Collecting Attorney's Fees
- Avoiding Conflicts of Interest
- When is the Job Finished? Ending the Attorney-Client Relationship
|
|
|
|
MONDI L. GHASEDI is principal of The Ghasedi Law Firm in St. Louis, where she has a general practice that includes general business representation, litigation, real estate transactions, and probate matters. She earned her J.D. degree from the University of Missouri-Columbia. Ms. Ghasedi is a member of the St. Louis City Probate Court Advisory Committee and appears regularly before the probate courts of St. Louis City and St. Louis County on court appointed matters, on behalf of guardians, conservators and/or personal representatives and on behalf of a local surety company that bonds conservators and personal representatives. Ms. Ghasedi has represented residential and commercial landlords in the St. Louis Metropolitan area on a variety of landlord-tenant, including evictions, throughout her career. She has represented both small individually owned properties and large professionally managed properties. MICHAEL B. KATZ is managing member of MBK & Associates, LLC, in St. Louis. Mr. Katz has more than 20 years of experience practicing law, and focuses his practice in negotiation, litigation, arbitration and trial practice. He currently serves or served as outside legal counsel in commercial real estate landlord/tenant matters to THF Realty; The Kroenke Group; Walpert Properties; St. John's Mercy; Milor Realty; and several other entities. He received his A.B. degree, with honors, from the University of Missouri - Columbia and his J.D. degree from Washington University in St. Louis. Mr. Katz is a member of the Missouri Bar, Illinois Bar, BAMSL, and the Federal Bar of the Eastern District of Missouri TERRY PABST is managing partner of The Law Offices of Terry Pabst, PC, where he focuses his practice in civil litigation, and has first-chair responsibility (federal and state courts) for numerous complex real estate, construction, insurance, bankruptcy, and personal injury matters. He is admitted to practice in the Supreme Court of the United States, U.S. Court of Appeals for 8th Circuit, District Courts and Bankruptcy Courts for Eastern District of Missouri and Southern District of Illinois, and all Missouri and Illinois state courts. Mr. Pabst holds a B.S. degree from Eastern Illinois University, and a J.D. degree, magna cum laude, from the University of Illinois. He is a member of the Illinois and Missouri State bar associations, the Bar Association of Metropolitan St. Louis, and the St. Louis Apartment Association.
|
|
Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
|
ACCREDITATION DETAILS:
Continuing Legal Education
|
|
GA
|
CLE:
|
6.00
|
Credit Approval Exp 11/07/2012
|
|
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.
|
|
|
|
IL
|
CLE:
|
6.00
|
Credit Approval Exp 11/06/2013
|
|
This program has been approved by the Illinois MCLE Board for 6.0 hours of distance learning CLE credit, which includes approval for 1.0 hour of professional responsibilty CLE credit by the Illinois Supreme Court Commission on Professionalism.
|
|
|
|
MO
|
CLE:
|
7.20
|
Credit Approval Exp 11/07/2013
|
|
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 7.2 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.
|
|
|
|
NJ
|
CLE:
|
7.20
|
Credit Approval Exp 11/07/2013
|
|
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism.
|
|
|
|
PA
|
CLE:
|
6.00
|
Credit Approval Exp 11/07/2012
|
|
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 4.0 hours of distance learning CLE credit may be earned during a reporting period.
|
|
|
|
|
|
|
|
|
|
|
|
|
| Web: |
Order Now
|
| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
|
|
|
|
 |
|
|