Do you know how to prevent residential tenant problems? What do you do if litigation is imminent? With proper planning, most of these legal entanglements can be avoided. Order today and you'll be primed for success and armed with an innovative, solution-driven approach to handling residential evictions easily and successfully.

1. BUILDING A SOLID LEGAL FOUNDATION
2. ADVISING CLIENTS ON ERROR-FREE LEGAL WRITTEN DOCUMENTATION
3. PROACTIVELY AVOIDING TENANT PROBLEMS
4. CLIENT RIGHTS IN RESIDENTIAL ABANDONMENT SITUATIONS
5. MANAGING A SOUND RESIDENTIAL EVICTION ACTION
6. PREPARING FOR TENANT DEFENSES TO THE EVICTION ACTION
7. PROTECTING YOUR CLIENT FROM CIVIL LIABILITY
8. CONCLUSIONS, Q&A

1. BUILDING A SOLID LEGAL FOUNDATION
   9:00 - 9:50, David F. DePasquale
1. New Developments in Landlord/Tenant Law
2. Common Violations of the Fair Debt Collection Practices Act
3. The Impact of the Americans with Disabilities Act and Fair Housing Act
4. Ensuring Your Clients Adhere to State Laws to Avoid Discrimination Claims
5. Special Considerations When Elderly Tenants are Involved
2. ADVISING CLIENTS ON ERROR-FREE LEGAL WRITTEN DOCUMENTATION
   9:50 - 10:40, Marc N. Silberman
1. What May and May Not be Asked on the Rental Application
2. How a Conditions Checklist Will Save Headaches Down the Road
3. The Legalities of Written Notices
4. The Lease and What Should be Included
5. Who Should Sign the Lease?
6. Documentation Mistakes That Could Make Rules and Regulations Unenforceable
7. Lease Drafting Considerations – Rental, Default and Remedies Clauses
8. Time-Saving Sample Leases and Standard Documentation
9. Helping Your Client Develop Legally Sound Applications, Checklists, and Leases
3. PROACTIVELY AVOIDING TENANT PROBLEMS
   10:55 - 11:40, Marc N. Silberman
1. Entity Verification and Credit Check - Red Flags to Watch For
2. What May and May Not be Asked on Rental Applications
3. Guarantees - Who Should Sign the Lease?
4. Security Deposit: What Is Legal, What Is Not
5. Oral Promises, Verbal Assurances and How the Statute of Frauds Fits In
6. Issues Surrounding the Condition of Premises
7. Advising on Assignment and Subletting
4. CLIENT RIGHTS IN RESIDENTIAL ABANDONMENT SITUATIONS
   11:40 - 12:10, Marc N. Silberman
1. Termination of Leaseholds
2. What Constitutes Residential Abandonment?
3. Holdovers Compared
4. Identifying When Your Client Could be Subject to Forcible Entry Charges
5. How to Treat Unclaimed Tenant Property
6. Assessing Damages
7. Your Clients Rights and Responsibilities
8. What Happens to the Security Deposit?
5. MANAGING A SOUND RESIDENTIAL EVICTION ACTION
   1:10 - 2:25, James M. Doran
1. Determining if There are Grounds for Eviction
2. Preparing and Distributing Notices and Petitions
3. Special Circumstances Related to Mobile Home Evictions
4. Special Rules for Subsidized Housing Evictions
5. Avoiding Unlawful Detainer Proceedings
6. Getting Your Clients Money: Recovering Damages and Costs
7. Residential Tenant and Landlord Rights, Responsibilities and Obligations
8. Avoiding Illegal Eviction
9. Sample Forms and Pleadings
10. Taking the Eviction Action to Trial
11. The Ins and Outs of Self-Help Evictions/Holdover Tenants
12. Strategies for Enforcing Evictions, Judgments and the Removal of Tenants
6. PREPARING FOR TENANT DEFENSES TO THE EVICTION ACTION
   2:40 - 3:25, James M. Doran
1. Quiet Enjoyment and Constructive Eviction - Avoid Giving Up Your Rights
2. What You Can Find By Reviewing Tenant's Records/Evidence
3. Handling Landlord Breach of Contract
4. Dealing with Documented Problems With the Premises/Improvements
5. What If the Tenant Alleges Safety and Health Issues – Notice and Duty to Warn/Protect
6. What You Must Know About Housing Code, Better Housing Commission and Government Statutes
7. When Eviction Is Considered Illegal or Retaliatory
8. Damage vs. Wear and Tear to Improvements - the Critical Difference
9. Consequences of Improper Credit Reporting and Bankruptcy Election Issues
10. What Defenses Does the Tenant Have for Appeal?
7. PROTECTING YOUR CLIENT FROM CIVIL LIABILITY
   3:25 - 4:15, David F. DePasquale
1. Why Your Client May be Liable
2. Application of Joint and Several Liability to Leasing
3. Is Your Client at Risk for Contributory Negligence?
4. Impact of Mold, Lead and Environmental Factors on Your Client
5. Strategies to Minimize or Prevent Landlord Liability
8. CONCLUSIONS, Q&A
   4:15 - 4:30, David F. DePasquale

DAVID F. DePASQUALE is a partner in the Canton, Ohio law firm of Fitzpatrick & DePasquale. He practices in the areas of estate planning, elder, probate, landlord-tenant and real estate law and works with numerous business clients regarding formation and maintenance of their entities. Liability limitation and a cost efficient and effective transfer of wealth is a main focus of his practice. Mr. DePasquale earned his undergraduate business degree in finance from Bowling Green State University and his J.D. degree from Ohio Northern University College of Law. The office of Fitzpatrick & DePasquale also writes real estate title insurance for Ohio Bar Title Insurance Company. He is a member of the Ohio State Bar Association (Real Estate and Trust Section). 

JAMES M. DORAN is an attorney in the Cleveland office of Weltman, Weinberg & Reis Co., L.P.A., where he practices in the Consumer Collections and Collateral Recovery/Replevin Groups. He has previously lectured for National Business Institute on landlord/tenant and collections matters. A member of the Ohio State and Cleveland Metropolitan bar associations, Mr. Doran is licensed in Ohio and is admitted to practice before the U.S. District Court (Northern District of Ohio). He earned his a B.S.B.A. degree from Miami University and his J.D. degree from Cleveland State University, Cleveland-Marshall College of Law.

MARC N. SILBERMAN joined CB Richard Ellis in 2006 as an Industrial Sales Associate for the Industrial Properties Group. Mr. Silberman brings 30 years of legal experience to his position as it relates to the real estate market. As an attorney in the state of Ohio, he is admitted to practice in all state courts as well as the U.S. District Court, Northern District of Ohio, the U.S. Sixth Circuit Court of Appeals, and the U.S. Supreme Court. Mr. Silberman's legal background includes both trial and appellate work, with a concentration in real estate law, creditor's rights, commercial law and business litigation. Based upon his expertise in these areas, Mr. Silberman has been invited to speak at numerous continuing legal education seminars on topics relative to commercial and retail collections, enforcement of judgments, as well as commercial and residential leases and landlord/tenant law. Since joining CB Richard Ellis, he has represented both owners and purchasers with the sale of several office buildings and commercial properties in the CBD and outlying Cleveland suburbs. Mr. Silberman also has focused on land sales and listings, as well as on the sale and leasing of commercial buildings. He earned his B.A. degree, cum laude, and his J.D. degree from Case Western Reserve University.

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Phone: 866-240-1890

Email: credit@nbi-sems.com