Landlord– Tenant Law - PDF

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                                                                                                                                                                                                                                                                                                                                                                                                                          Beyond the Basics

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                                                                                                                                                                                                                                                                                                                                                 -Real Estate Professional
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            $30 o

                                                                                                     Sterling Education
  • Landlord-Tenant Law: Leases, Evictions, Litigation & Settlements

                                                                                                                                                                                                                                                                                                                                                 -Real Estate Consultant
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                                                                                                       Services, Inc.

                                                                                                                                                                                                                                                                                                                                                 -Property Manager
                                                                                                                                                                                                                                                                                                                                                                                                                          in today’s Economy

                                                                                                                                                                                                                                                                                                                                                 -Managing Partner
    Indianapolis, IN – December 8, 2010


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    Fort Worth, IN – December 15, 2010                                                                                                                                                                                                                                                                                                                                                                                                                                Regist
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  • Beyond the Basics in Employment Law                                                                                                                                                                                                                                                                                                                                                                                                                                               ctober

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               18 th
    Louisville, KY – October 13, 2010

    Indianapolis, IN – February 8, 2011                                                                                                                                                                                                                                                                                                                                                                                       rd

                                                                                                         Landlord–Tenant Law
      Check our website or call us for more info!

                                                                                                                                                                                                                                                                                                                • KY CLE 6.75 including 1.0 ethics
                           Reference Materials

                                                                                                                                                                                                                                                                                                                • IN CLE 6.6 including 1.0 ethics

                                                                                                                                                                                                                                                                                                                                                                          IMPORTANT INFORMATION - PLEASE CIRCULATE
                                                                                                                                                                                                                                                                                                                • IN Real Estate 8.0 (Pending)
Seminar Manual                                    Audio Recording

                                                                                                                                                                                                                                                                                                 Earn Your Credit!
                                                                                                                                                                                                                                                                                                                                                                                                                           Tenant Law
The faculty has prepared a substantial refer-     This seminar will be recorded, so if you

                                                                                                                                                                                             Leases, Evictions, Litigation & Settlements
ence work to accompany its presentation.          cannot attend, or if you want to apply
This manual will serve as a valuable tool for     for home study credit (where available),
future reference. You will receive the manual     you can order the audio recording and/
upon checking in at the seminar site. Its price   or a reference manual from this program.

                                                                                                                                                                                                                                           Evansville – December 1, 2010

                                                                                                                                                                                                                                                                                                                                                 See inside for details
is included in the registration fee.              Please use the registration form to order.
                                                                                                                                                                                                                                                                                                                                                                                                                              Leases, Evictions,

                                                                                                                                                                                                                                                                                                                • NASBA CPE 8.0
                            Sterling Bookstore
 Below is a selection of the materials currently available from previous Sterling seminars in
                                                                                                                                                                                                                                                                                                                                                                                                                          Litigation & Settlements

                                                                                                                                                                                                                                                                                                                • BOMI 7.0
 Indiana. To order, please complete and mail in this form with payment, call us at 715-855-
 0495, or visit our online bookstore at

 FundAMEntALS OF LAndLORd-tEnAnt LAw:
 Lease Provisions and Issues: Plan Ahead to Avoid Problems; Landlord and Tenant
 Obligations; The Eviction and Judicial Process; Landlord-Tenant Mediation/Dispute
 Resolution; Green Building, LEED®, and Green Leases; When Tenant or Landlord Files                                                                                                                                                                                                                                                                                                                                                                               december 1, 2010
 Bankruptcy; and Ethical Considerations in Landlord-Tenant Law
 PRESEntERS: William E. Kelley, Jr. with Drewry Simmons Vornehm, LLP; Timothy R. Hurlbut
 with Rubin & Levin, P.C.; Christopher M. Trapp with Rubin & Levin, P.C.; and Jonathan R.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Evansville, In
 Elrod with Elrod & Mascher, LLC
 Seminar #10In04026 rAudio & Manual Set $155 rAudio only $95 rManual only $75

 LAndLORd-tEnAnt LAw BEyOnd thE BASIcS - In thE nEw EcOnOMy:                                                                                                                                                                                                                                                                                                                                                              Presented by:
                                                                                                3rd Annual
 Leases: An Ounce of Prevention; Problem Tenants; Landlord Rights and Options When the                                                                                                                                                                                                                                                                                                                                    Robert P. Musgrave
 Deal Goes Bad; When the Tenant or Landlord Files Bankruptcy; and Ethics in Landlord-                                                                                                                                                                                                                                                                                                                                       - Southern District Chapter 13 Trustee Office
 Tenant Law                                                                                                                                                                                                                                                                                                                                                                                                               Rebecca ness Rhymer
 PRESEntERS: Harry F. Todd with Bose McKinney & Evans LLP; Jonathan R. Elrod with Elrod
 & Mascher, LLC; Ben T. Caughey with Ice Miller LLP; Carl R. Pebworth with Baker & Daniels
                                                                                                                                                                                                                                                                                                                                                                                                                            - Kahn, Dees, Donovan & Kahn, LLP
 LLP; Walter E. Wolf, Jr. with Dann Pecar Newman & Kleiman, P.C.                                                                                                                                                                                                                                                                                                                                                          Steven L. Bohleber
 Seminar #9In07195 rAudio & Manual Set $155 rAudio only $95 rManual only $75                                                                                                                                                                                                                                                                                                                                                - Law Offices of Steven L. Bohleber

                                                                                                                                                                                                                                                                                                                                                                          Please make necessary corrections to address.
                                                                                                                                                                                                                                                                                                                                                                                                                          katherine n. worman
 Practice Tips: Basic Definitions and Concepts; Legislative and Case Law Update; Workers’                                                                                                                                                                                                                                                                                                                                   - Bowers Harrison, LLP
 Compensation Issues; Settlements; Return to Work Issues; View from the Workers’                                                                                                                                                                                                                                                                                                                                          (See complete biographies inside)
 Compensation Board; and Ethics: Ethical and Professional Behavior
 PRESEntERS: Doris L. Sweetin with Sweetin & Bleeke, P.C.; Randal M. Klezmer and Natalie
 M. Fierek with Klezmer Maudlin, P.C.; Sonia C. Das with Lewis Wagner, LLP; Lisa M. Dillon
                                                                                                                                                                                                                                                                                                                                                                                                                                              continuing Education credit:
 with Due Doyle Fanning, LLP; Aubrey G. Kuchar with Kightlinger & Gray, LLP; and Ryan
 Cotham and Carmen Glenn with Workers’ Compensation Board of Indiana                                                                                                                                                                                                                                                                                                                                                        • IN CLE 6.6 including 1.0 ethics • IN Real Estate 8.0 (Pending) •
                                                                                                                                                                                                                                                                                                                                                                                                                                • KY CLE 6.75 including 1.0 ethics • BOMI 7.0 • CPE 8.0 •

 Seminar #10In06156 rAudio & Manual Set $155 rAudio only $95 rManual only $75
                                                                                                                                                                                                                                                     er 18
                                                                                                                                                                                                                   of f

                                                                                                                                                                                                                                                                                                                                                                                                                                                  See inside for details.


                                                                                                                                                                                                                                                           y Oc

 Firm/Company Name_________________________________________________

                                                                                                                                                                                                                                                                                                                                                                                                                                                     Sterling Education Services, Inc.

                                                                                                                                                                                                                                                                    ter b
                                                                                                 SES     8
                                                                                                           STERLING EDUCATION SERVICES, INC.

                                                                                                                                           EAU CLAIRE, WI 54702-3127

                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Sterling means value!
                                                                                                                                                 P.O. BOX 3127

                                                                                                                                                (715) 855-0498


 E-mail Address_______________________Phone___________________________
                         whO ShOuLd AttEnd                                                                                     LAndLORd-tEnAnt LAw                                                                                                              SEMInAR AgEndA
    •   Property Managers                       • Attorneys:                               date: Wednesday, December 1, 2010                                  Location:                                                         I.     the Lease
    •   Developers                                  • Landlord-Tenant                      Registration: 8:00 a.m.                                            Holiday Inn Airport                                                      A. Routinely negotiated lease provisions –
    •   Building Owners                             • Real Estate                          Presentations: 8:30 a.m. - 4:30 p.m.                               4101 Highway 41 North                                                       tenant requests/landlord response
    •   Leasing Agents                              • Evictions                            Lunch: (on your own) 11:30 a.m. - 12:30 p.m.                       Evansville, IN 47711                                                     B. Construction and interpretation of leases
    •   Landlords & Tenants                         • General Practice                                                                                                                                                                    1. Lease construed as contract
    •   Other Real Estate Professionals             • Litigation                                               cOntInuIng EducAtIOn cREdIt                                                                                                2. Ambiguities and lease parole evidence rule
                                                                                                             Please remember to bring your license number, ID or other necessary information to the                                       3. Question of law or fact
                                                                                                             seminar to ensure proper reporting of continuing education credit.
                         SEMInAR hIghLIghtS                                                                  This program has been approved by the Indiana commission on continuing
                                                                                                                                                                                                                                          4. Summary judgment
•   The lease: provisions, construction, interpretation, and options                        In cLE Legal Education for 6.6 hours of cLE credit, including 1.0 hour of ethics.                                                             5. Piercing the corporate veil
                                                                                                                                                                                                                                          6. Guaranty clauses
•   Tenant’s default, notice of default, lease termination
•   Protecting Tenants at Foreclosure Act                                                   In RE This course has been submitted to the IndianaisReal EstatePlease call for details.
                                                                                                   elective continuing education hours. Approval expected.
                                                                                                                                                               commission for 8.0                                                      C. Lease options and right of first refusal:
                                                                                                                                                                                                                                          exercise, forfeiture of leasehold interest
•   Litigating landlord-tenant disputes
•   Evictions and court
                                                                                                                  has been approved
                                                                                            ky cLE This seminar including 1.0 hour of by the kentucky Bar Association for 6.75
                                                                                                   total credits,                      ethics.
                                                                                                                                                                                                                                       D. Other special considerations
•   Settlements and post-judgments issues                                                          This program qualifies for 7.0 hours of BOMI International cPd credit for RPA,                                               II.    tenant’s default, notice of default, and Lease termination
•   Green building, leases and rating systems, e.g. LEED®                                   BOMI FMA, and/or SMA graduates.                                                                                                            A. Notice of default: issuance, service, and specificity
•   Landlord or tenant files bankruptcy                                                                      Sterling Education Services is registered with the national Association of                                                B. Lease termination and surrender
•   Ethical considerations in landlord-tenant law                                                            State Boards of Accountancy (nASBA) as a sponsor of continuing professional                                               C. Enforcement of accelerated rent and default clauses
                                                                                                             education on the National Registry of CPE Sponsors. State boards of accountancy                                           D. Protecting Tenants at Foreclosure Act: obligations and responsibilities
                           MEEt thE FAcuLty                                                                  have final authority on the acceptance of individual courses for CPE credit. Complaints
                                                                                                             regarding registered sponsors may be addressed to the National Registry of CPE Sponsors,                           III.   green Building and green Leases
REBEccA nESS RhyMER, with Kahn, Dees, Donovan & Kahn, LLP, practices in                                      150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.                                       A. Overview of green building rating systems, e.g. LEED®
the areas of landlord-tenant, litigation and trial services, insurance defense and
                                                                                                             org. CPE Credit: Maximum Credit Hours: 8.0 each session (based on a 50 minute credit                                      B. Green lease legislation affecting landlords and tenants;
                                                                                                             hour). Field of Study: Specialized knowledge and Applications. Prerequisite: None.
subrogation, and bankruptcy, collection, and creditors’ rights services. She has                             Level of Knowledge: Intermediate. Delivery Method: Group-Live. Advance Preparation:
                                                                                                                                                                                                                                          risks and rewards, considerations, incentives, operating costs,
presented at professional education programs on landlord-tenant issues and                                   None. No CPE credit will be granted for home study with the purchase of the seminar                                          tenant improvements, operations, and maintenance
e-Discovery. Ms. Rhymer is a member of the Evansville, the Indiana, the Illinois,                            audio recording. SES is only approved for “Group/Live” programs.                                                   IV.    Landlord-tenant Mediation/dispute Resolution
and the American Bar Associations; and the Defense Trial Counsel of Indiana. She                             Other continuing education credit may be available. Please call (715) 855-0498 to inquire.                                Overview and effective use
was listed as a 2010 Indiana Rising Star® in Super Lawyers® magazine. Ms. Rhymer           walk-ins: Payment is required at the door. Please call ahead to confirm the schedule.                                                V.     Landlord/tenant Evictions, court, and Litigation
received her B.S., magna cum laude, from the University of Evansville and her J.D.         cancellations: Substitutions or transfers to a future Sterling seminar are welcome anytime up to the day of the seminar. If you
                                                                                           cancel at least three business days before the seminar you may 1) transfer your registration to another seminar, 2) receive a full          A. The summary proceeding
from Washburn University School of Law, where she was a staff member of the                refund minus a $25.00 service charge, or 3) receive an audio and manual set of the seminar.
                                                                                                                                                                                                                                          1. Jurisdiction of landlord/tenant court
                                                                                           Please note: If you do not attend and do not cancel as described above you are not entitled to a refund.
Washburn Law Journal.                                                                                                                                                                                                                     2. Notice of petition
ROBERt P. MuSgRAVE has been a Chapter 13 Bankruptcy Trustee with the Southern                                                         Landlord-Tenant Law                                                                                 3. Judgment and warrant
District Indiana Chapter 13 Trustee Office Evansville Division for twenty-three years.                                                                                                                                                    4. Appellate rights and remedies
He is a member of the Evansville Bar Association, the Indiana and the American Bar             Register today for Seminar #10In12267                                                             Call us about                            5. When not to proceed in landlord/tenant court
Associations, and the National Association of Chapter 13 Trustees. Mr. Musgrave is a           Mail: Sterling Education Services             Web:                discount opportunities
                                                                                                        P.O. Box 3127                        Phone: 715-855-0498                                                                       B. Answer, defense, and counterclaims in landlord/tenant litigation
frequent presenter at professional education programs in the area of bankruptcy. He                                                                                                        for large groups, NPOs,
                                                                                                        Eau Claire, WI 54702-3127            Fax: 715-835-5132                                new practitioners                           1. Answer or motion to dismiss
is admitted to practice in Indiana, the Southern and Northern Districts of Indiana, the                                                                                                           and others!                             2. Defenses (acceptance of rent, laches, and retaliatory eviction)
Seventh Circuit Court of Appeals, and the United States Supreme Court. Mr. Musgrave                                           Evansville - december 1, 2010                                                                               3. Constructive eviction and partial actual eviction
received his B.A. from DePauw University and his J.D. from Georgetown University.            Registration Fee:
                                                                                                                                                                                                                                          4. Waiver of jury trial
StEVEn L. BOhLEBER, of the Law Offices of Steven L. Bohleber, practices in                   (includes manual)                                    Reference Materials:
                                                                                                                                                                                                                                          5. Preclusion of counterclaims and offsets
general civil and criminal litigation appeals, landlord-tenant law, zoning and land          r $329 per person                                    r Audio/manual package $337*
                                                                                                                                                                                                                                          6. Case studies/current trends in litigating landlord-tenant disputes
use regulation, small business, corporations, and LLCs, family law, criminal defense,        r $319 per person for 2 or more                      r Audio only $247*
                                                                                                                                                                                                                                       C. Settlement and post-judgment issues
and wills and trusts. He is a registered family law and civil mediator. Mr. Bohleber         r $299 per person if paid by October 18, 2010        r Manual only $95*
                                                                                                                                                                                                                                          1. Effective drafting of the settlement stipulation
represents clients in state and federal court in Vanderburgh and adjacent south              r $147 audio with registration, a $100 savings!
                                                                                                                                                                                                                                          2. Appeals
western Indiana counties. He is a member of the Evansville and Indiana State Bar                 r Check Enclosed (payable to Sterling Education Services, Inc.)
                                                                                                                                                                                                                                          3. Stay of judgment of possession and warrant to remove
Associations. Mr. Bohleber received his B.S., magna cum laude, from Indiana State                r VISA r MC r AMEX r DISC
                                                                                                                                                                                                                                          4. When, if ever, is a judgment final?
University and his J.D., cum laude, from Indiana University.                                     Card #:__________________________________________ Exp. Date:_____________
                                                                                                 Name on Card:____________________________________ CCV:__________________                                                       VI.    Landlord or tenant Bankruptcy and collections
kAthERInE n. wORMAn, with Bowers Harrison, LLP’s business and civil litigation                                                                                                                                                         A. Review of the assumption rejection procedure and the automatic stay
section, practices in the areas of real estate law, general litigation, and collections.     Name: _________________________________ Email: ____________________________t
                                                                                                                                                                                                                                       B Limitations on the rights of commercial tenants-landlords in Chapter 11
Ms. Worman is a registered patent attorney with the U.S. Patent Office and she               Name: _________________________________ Email: ____________________________t
                                                                                                                                                                                                                                       C. Limitation of the automatic stay for residential tenants in bankruptcy cases
represents clients in patent, trademark, and copyright matters. Ms. Worman has               Name: _________________________________ Email: ____________________________t                                                              D. Other changes affecting leases; other changes affecting real estate
served as a student advisor for the Law Day Mock Trials, as the co-chair of the 2010         Type of Business:_______________________ Primary Practice Area:_________________                                                          E. Collections, judgments, and discernments
Law Day Student Lunch, and currently serves as the co-chair of the 2011 Law Day
                                                                                             Firm/Company Name:______________________________________________________                                                           VII.   Ethical considerations in Landlord-tenant Law
Dinner. She is a member of the Evansville and the Indiana State Bar Associations, A
                                                                                             Address: _________________________________________________________________                                                                A. Negotiating with a pro se tenant at court
Network of Evansville Women (ANEW), and the Brooks Inns of Court. Ms. Worman is
also an adjunct professor at Ivy Tech University’s Evansville Campus. She is a member        City:_____________________________________ State:_________ Zip:______________                                                             B. Conflicts of interest, un-represented, dual representation, competency
of the Indiana State Bar and the U.S. District Court for Southern Indiana. Ms. Worman        Phone: (_______)_______________________ Fax: (_______)_______________________ t                                                           C. Ethical situations
received her B.S., cum laude, from the University of Southern Indiana and received                LTLE2                t
                                                                                                                                   *Includes $6 shipping and handling. Please allow six to eight weeks for delivery.                   D. Fee arrangements, getting paid
                                                                                                                           By providing this information you are agreeing to be added to in-house distribution lists.
her J.D., cum laude, from the Thomas M. Cooley Law School in Lansing, Michigan.                                                                                                                                                         Sterling Education Services may alter the agenda due to circumstances beyond our control.