About Evictions

I.     LEASE AGREEMENTS

Lease Agreements
     • Residential/Commercial 
            Lease Templates
     • Lease Guaranty Agreements
     • Various Addendum/Modifications
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Prepare Eviction Notices
     • Notice to Pay Rent or Vacate
     • Notice to Cure or Vacate
     • Notice of Lease Termination
                       and more...

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LEASE AGREEMENTS


A lease agreement is an understanding between the landlord and the tenant as to the terms of the arrangement whereby a landlord will rent property to a tenant in exchange for consideration, normally in the form of a monetary lease payment. The essential terms must be in agreement; the amount of rent, how often rent will be payable, etc.. However, not everything related to a lease agreement needs to be spelled out between the landlord and tenant in order to create a binding rental agreement. A lease agreement can be month-to-month, week-to-week, and longer or shorter. Lease agreements can be in writing or oral.

A) WRITTEN LEASE AGREEMENTS (Read more)

B) ORAL LEASE AGREEMENTS (Read more)

C) LEASE TERM PERIOD (Read more)

  1. D)HOW TO NOTIFY A TENANT THAT THE LANDLORD WILL NOT RENEW THE LEASE AFTER IT  EXPIRES (Read more)


  1. II.    WHAT TO DO IF A TENANT IS VIOLATING THE LEASE AGREEMENT,

        PROPERTY RULES OR LAWS OR NOT PAYING RENT (Read more)

  

A) 7 DAY NOTICE TO CURE IF DEFECT IS CURABLE (Read more)

B) 7 DAY NOTICE OF TERMINATION IF BREACH IS UNCURABLE (Read more)

C) FAILURE TO PAY RENT (Read more)

  1. D)HOW ARE THE 7 DAY AND 3 DAY NOTICES TO TENANT TO BE GIVEN TO THE TENANTS (Read more)

E) SELF HELP BY LANDLORD IS NOT PERMITTED (Read more)

III.  THE BASICS OF THE EVICTION PROCESS (Read more)

IV.   CAN A TENANT CHALLENGE THE EVICTION (Read more)

A) TENANT’S DEFENSE AND DEPOSIT OF MONEY INTO COURT REGISTRY (Read more)

B) MOTION TO DETERMINATE RENT (Read more)

C) OTHER TENANT PROCEEDINGS TO DELAY EVICTIONS (Read more)

D) MEDIATION AGREEMENT OR SETTLEMENT STIPULATION (Read more)

  1. V.   WHAT TO DO IF A TENANT VIOLATES THE SETTLEMENT STIPULATION

         (Read more)

VI.  THE SHERIFF REMOVAL PROCESS [FSA 83.62 & FSA 713.691] (Read more)

VII.  ACCEPTING RENT AFTER THE EVICTION NOTICE IS SERVED OR DURING

       THE EVICTION LAWSUIT [FSA 83.56(5)] (Read more)

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RESIDENTIAL AND COMMERCIAL LEASE AGREEMENTS


Generally, a lease is an agreement for a tenant to have possession and use of real property in exchange for giving consideration, usually money, to a landlord who owns the property.  Parties can enter into leases for many reasons:

•Lease of commercial office space

•Rent of an apartment unit

•Rent a single family house

•Lease space for a restaurant

•Rent a unit in a strip mall or shopping center

•Lease mining rights to dig for minerals or precious metals

•Oil leasing rights to exploit oil wells


A lease may be oral or written.  However, unique provisions of oral leases are rarely enforced by the courts, other than terms such as the monthly rental amount and property location.

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