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Agenda | Residential Landlord-Tenant Law Seminar | Manchester, NH | June 03, 2015
Residential Landlord-Tenant Law Seminar
  1. Commencement of the Tenancy
    1. The rental unit: habitable condition, rental certificate, building codes
    2. The screening process: rental application, other screening tools, prohibited criteria
    3. The rental agreement: essential, optional, and prohibited provisions
    4. The security deposit
    5. Lease addenda: rules, lead-based paint disclosure
    6. Enforceability of lease and rules: a contract, severability, effect of unsigned lease
    7. Disability law and rental agreements                                                                                               
      1. Eligibility requirements: criteria, types of disabilities, discriminatory practices
      2. Landlord’s duties: prohibitions, building construction, reasonable modifications, and accommodations
  2. Tenant and Landlord Obligations During Tenancy
    1. Tenant obligations during tenancy
    2. Landlord duties during tenancy
      1. Duty to supply possession
      2. Covenant of quiet enjoyment
      3. Disclosure of manager, lead-based paint, utility charges, rent increase
      4. Maintain fit premises: state code, implied warranty of habitability, latent defects
      5. Duty of care: known dangers, criminal actions of third parties
    3. Landlord access rights
      1. During tenancy
      2. Enforcement of right
      3. Special circumstances: emergency, court order, repairs, extended absence, abandonment
      4. Access and law enforcement
    4. Abandoned property                                                                                                                         
  3. Termination of Tenancy and Tenant Remedies and Defenses
    1. No cause: lease for term, month-to-month tenancy
    2. For cause, restricted property: material and recurring material noncompliance, posing a threat to health and safety, nonpayment of rent, no valid occupancy certificate, other grounds
    3. Eviction notice and special circumstances: after termination of tenancy, nonpayment of rent, threat to health and safety, non-traditional housing, non-tenants, partial payment
    4. Notice service requirements
    5. Special issues: computation of time, waiver, estoppel by acquiescence, double rent for hold-over, no joinder or counterclaim
    6. Tenant remedies and defenses
      1. Failure to deliver possession
      2. Landlord’s failure to obtain valid occupancy certificate
      3. Material noncompliance by landlord: termination of tenancy, other recovery after termination, repair and deduct remedy, essential services, diminished rental value claim, defense to eviction, exceptions
      4. Statutory prohibited practices; interference with access and other regulated conduct; unlawful eviction; interruption or diminution of utility service: self-help, landlord liens, conversion
      5. Health and safety issues, domestice violence eviction, retaliation
      6. Military personnel exemption
  4. The Eviction Process
    1. Action: grounds for forcible entry and detainer, jurisdiction, service requirements
    2. The eviction hearing: right to possession, stipulated agreements
    3. The Writ of Removal: the clerk of court, the sheriff, bailment
    4. The security deposit: during and after the tenancy
  5. Landlords and Tenants in Bankruptcy
    1. Overview of the bankruptcy process
    2. Landlord’s rights in tenant’s bankruptcy
    3. Tenant’s rights in landlord’s bankruptcy
    4. Collecting on the judgment
  6. Ethical Considerations in Landlord-Tenant Law
    1. Negotiating with a pro se tenant at court, conflicts of interest, un-represented parties, dual representation, competency, getting paid arrangements, ethical situations