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Agenda | Commercial & Residential Landlord-Tenant Law: Including Effects of Marijuana Legalization Seminar | Colorado Springs, CO | November 04, 2015
Commercial & Residential Landlord-Tenant Law: Including Effects of Marijuana Legalization Seminar
  1. Commercial Lease Provisions and Issues 
    1. Commercial case law and legislative updates
    2. Drafting considerations: forms, attorneys’ fees
    3. Default and remedy clauses
    4. Parties to the lease, occupants; rent and term
    5. Rights that cannot be waived or modified
    6. Disclosure obligations
    7. Tenant improvements
    8. Operating expenses, insurance, and taxes
    9. Assignment and subletting
    10. Use restrictions, marijuana use and/or sale on premises
    11. Renewals and extensions
    12. Arbitration clauses  
  2. Residential Lease Provisions and Issues   
    1. Residential case law and legislative updates
    2. Drafting considerations: forms, attorneys’ fees
    3. Default and remedy clauses
    4. Parties to the lease, occupants; rent and term
    5. Rights that cannot be waived or modified
    6. Disclosure obligations
    7. Fair Housing Act, public and subsidized housing, special circumstances for mobile homes  
    8. Tenant improvements
    9. Operating expenses, insurance, and taxes
    10. Assignment and subletting
    11. Use restrictions, marijuana use and/or sale on premises
    12. Renewals and extensions
    13. Arbitration clauses
    14. Legality of screening applicants for marijuana use                 
  3. Landlord and Tenant Obligations   
    1. Landlord
      1. Duty to deliver possession, to repair, to provide “quiet enjoyment”
      2. Security deposits: collecting, retaining, and returning
      3. Fair Credit Reporting Act
      4. Protecting Tenants at Foreclosure Act
      5. Abandoned property: timelines, notices, disposal (including marijuana paraphernalia)
    2. Tenant: duty to occupy, abandonment, holdover tenant, pay rent  
  4. The Eviction and Judicial Process
    1. The eviction process: Forcible Entry and Detainer Statute, “for cause” and evictions “without cause”
    2. The judicial process
      1. Determining jurisdiction, the summons and the complaint
      2. The eviction trial
      3. Judgment and Writ of Possession/Appeal
      4. Evicting the tenant
    3. Fair Debt Collection Practices Act 
  5. When Tenant or Landlord Files Bankruptcy
    1. Landlord-tenant bankruptcy
    2. Review of the assumption and/or rejection procedure and the automatic stay (commercial v. residential)
    3. Limitations on the rights of commercial tenants and landlords in Chapter 11
    4. Limitation of the automatic stay for residential tenants in bankruptcy cases
    5. Other changes affecting leases: changes affecting real estate
    6. Treatment of leases and executory contracts under the Bankruptcy Code
  6. Ethical Considerations in Landlord-Tenant Law
    1. Getting paid and fee arrangements; conflicts of interest; illegal immigrants/aliens; dealing with un-represented parties; attorney advice regarding marijuana use, sale, or cultivation