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Landlord– Tenant Law

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Landlord– Tenant Law Powered By Docstoc
					                            Other Opportunities
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                                                                                                          NONPROFIT ORG.




                                                                                                                                                                                                                                                                                                 -Real Estate Professional
                                                                                                                                                                                                                                                                                                                                                                                                                             $30 o




                                                                                                           Sterling Education
  • landlord-Tenant law: leases, Evictions, litigation & Settlements




                                                                                                                                                                                                                                                                                                 -Real Estate Consultant
                                                                                                            U.S. POSTAGE




                                                                                                                                                                                                                                   Presentation
                                                                                                             Services, Inc.
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                                                                                                                                                                                                                                                                                                 -Property Manager
                                                                                                                                                                                                                                                                                                 -Managing Partner
    Billings, MT – April 7, 2011
                                                                                                                                                                                                                                                                                                                                                                               Earn Your Credit




                                                                                                                  PAID




                                                                                                                                                                                                                                                                                                 Please route to:
  • Recent developments in Employment law                                                                                                                                                                                                                                                                                                                                                                                    Regist
    Missoula, MT – September 8, 2011                                                                                                                                                                                                                                                                                                                                                                                                er by M
                                                                                                                                                                                                                                                                                                                                                                                                                                             ay 11 th




                                                                                                                                                                                                                                                                                                 -Owner
                                                                                                                                                                                                                                                                                                                                                                                                               l
                                                                                                                                                                                                                                                                                                                                                                               4th Annua
  	 Find	out	more	online	at:	www.sterlingeducation.com




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                                                                                                              Landlord – Tenant Law
                                                                                                                                                                                                                                                                                                                                                                                Landlord–
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                                                                                                                                                                                                                                                                 • WY CLE 6.75 including 1.0 ethics




                                                                                                                                                                                                                                                                                                                               IMPORTANT INFORMATION - PLEASE CIRCULATE
                                                                                                                                                                                                                                                                 • ID CLE 6.75 including 1.0 ethics
                                                                                                                                                                                                                                                                 • MT CLE 6.5 including 1.0 ethics
                            Reference Materials

                                                                                                                                                                                                                                                                                                                                                                               Tenant Law




                                                                                                                                                                                                                                                                 • MT Real Estate - Individual
Seminar Manual                                     Audio Recording
The faculty has prepared a substantial refer-      This seminar will be recorded, so if you




                                                                                                                                                                                                                                                  Earn Your Credit
ence work to accompany their 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/




                                                                                                                                                                                                                                                                                                      See	inside	for	details
upon checking in at the seminar site. Its price    or a reference manual from this program.




                                                                                                                                                                                                                                                                 • NASBA CPE 8.0
                                                                                                                                                                                                   Missoula – June 22, 2011
is included in the registration fee.               Please use the registration form to order.

                             Sterling Bookstore
                                                                                                                                                                                                                                                                                                                                                                                                                         Missoula, MT




                                                                                                                                                                                                                                                                 • BOMI 7.0
 Below	is	a	selection	of	the	materials	currently	available	from	previous	Sterling	seminars.	Please	
 visit	www.sterlingeducation.com/bookstore.php	for	a	full	selection	of	available	materials.	To	
 order,	please	complete	and	mail	in	this	form	with	payment	or	call	us	at	715-855-0495.	
                                                                                                                                                                                                                                                                                                                                                                                                                           June 22, 2011
 FuNdAMENTAlS OF EMplOYMENT lAW:
 Hiring & Terminating Employees in the Current Economy; What Employers Should Know
 About Montana’s Wrongful Discharge From Employment Act; Employee Privacy in the                                                                                                                                                                                                                                                                                               Presented by:
 Workplace; Sexual, Racial, and Other Harassment in the Workplace; ADA and FMLA                                                                                                                                                                                                                                                                                                Alain B. Burrese
 Update; Compensation Issues Under FLSA/Wage and Hour; and Labor Law                                                                                                                                                                                                                                                                                                           	 -	Attorney	at	Law
 pRESENTERS: Eric Edward Nord and Tanis M. Holm with Crist, Krogh & Nord, LLC; Mary                                                                                                                                                                                                                                                                                            Quentin M. Rhoades
 E. Duncan with Felt, Martin, Frazier & Weldon, P.C.; T. Thomas Singer with Axilon Law                                                                                                                                                                                                                                                                                         	 -	Sullivan,	Tabaracci	&	Rhoades,	P.C.
 Group, PLLC; and Emily Jones with Moulton Bellingham PC
                                                                                                                                                                                                                                                                                                                                                                               Christopher V. Fagan
 Seminar #10MT07165 rAudio & Manual Set $155 rAudio only $95 rManual only $75
                                                                                                                                                                                                                                                                                                                                                                               	 -	Sullivan,	Tabaracci	&	Rhoades,	P.C.
 FuNdAMENTAlS OF lANdlORd-TENANT lAW:                                                                                                                                                                                                                                                                                                                                          Nathan G. Wagner
                                                                                                      4th Annual

 Lease Provisions & Issues: Plan Ahead to Avoid Problems; Landlord & Tenant Obligations;                                                                                                                                                                                                                                                                                       	 -	Sullivan,	Tabaracci	&	Rhoades,	P.C.
 The Eviction and Judicial Process; Green Building & Green Leases; When Tenant or                                                                                                                                                                                                                                                                                              Ted Hess-Homeier
 Landlord Files Bankruptcy; and Ethical Consideration in Landlord-Tenant Law                                                                                                                                                                                                                                                                                                   	 -	H.H.	Evictions,	Inc.
 pRESENTERS: Tanya R. Dvarishkis with Hendrickson Law Firm, P.C.; Tanis M. Holm with                                                                                                                                                                                                                                                                                           Michael Sol
 Crist, Krogh & Nord, LLC; and Jamie M. Wells with Crowley Fleck PLLP                                                                                                                                                                                                                                                                                                          	 -	Sol	&	Wolfe	Law	Firm




                                                                                                                                                                                                                                                                                                                               Please make necessary corrections to address.
 Seminar #10MT06163 rAudio & Manual Set $155 rAudio only $95 rManual only $75                                                                                                                                                                                                                                                                                                  (See complete biographies inside)
 lANdlORd-TENANT lAW: BEYONd ThE BASICS:
 Leases: An Ounce of Prevention; Problem Tenants; Landlord Rights and Options When
 the Deal Goes Bad; Landlord-Tenant Mediation/Dispute Resolution; When the Tenant
                                                                                                                                                                                                                                                                                                                                                                                                    Continuing Education Credit:
 or Landlord Files Bankruptcy; and Ethical Considerations in Landlord-Tenant Law
 pRESENTERS: Cory R. Gangle with Milodragovich, Dale, Steinbrenner & Nygren, P.C.;                                                                                                                                                                                                                                                                                              • MT CLE 6.5 (1.0 ethics) • MT Real Estate - Individual • BOMI 7.0 •
 and Alain B. Burrese, Attorney at Law                                                                                                                                                                                                                                                                                                                                         • ID CLE 6.75 (1.0 ethics) • WY CLE 6.75 (1.0 ethics) • NASBA CPE 8.0 •
                                                                                                                                                                                                                              th
                                                                                                                                                                                                               of f1



                                                                                                                                                                                                                                                                                                                                                                                                        See inside for details.
                                                                                                                                                                                                       $3te0 y May 1


 Seminar #10MT05133 rAudio & Manual Set $155 rAudio only $95 rManual only $75




                                                                                                                                                                                                                                                                                                                                                                               SES
 Name___________________________________________________________
                                                                                                                                                                                                             b




 Firm/Company Name_________________________________________________                                                                                                                                                                                                                                                                                                                                           Sterling Education Services, Inc.
                                                                                                                                                                                                         s r




                                                                                                                                                                                                                                                                                                                                                                                                          8
                                                                                                                                                                       www.sterlingeducation.com
                                                                                                       SES     8
                                                                                                                 STERLING EDUCATION SERVICES, INC.

                                                                                                                                                 EAU CLAIRE, WI 54702-3127




 Address_________________________________________________________                                                                                                                                                                                                                                                                                                                                                                Sterling means value!
                                                                                                                                                                                                                                   Regi
                                                                                                                                                       P.O. BOX 3127

                                                                                                                                                      (715) 855-0498




 City_________________________________State________Zip____________
 E-mail Address_______________________Phone___________________________
                                                                                       11MT06156
                             MEET ThE FACulTY                                                                                         lANdlORd-TENANT lAW                                                                                                           WhO ShOuld ATTENd
TEd hESS-hOMEIER, of H.H. Evictions, Inc., practices in the areas of landlord-tenant,                date: Wednesday, June 22, 2011                                     location:                                                            • Attorneys:                                  •   Property Managers
leases, and other real estate law. Mr. Hess-Homeier founded H.H. Evictions to better serve           Registration: 8:00 a.m.                                            Doubletree Hotel Edgewater                                             • Landlord-Tenant                           •   Developers
property owners and managers by providing low cost, high volume evictions throughout                 presentations: 8:30 a.m. - 4:30 p.m.                               100 Madison Avenue                                                     • Real Estate                               •   Property Owners
most of the state of Montana. The company provides eviction and consultation services to             lunch: (on your own) 12:30 - 1:30 p.m.                             Missoula, MT 59802                                                     • Evictions                                 •   Building Owners
property owners and managers, including residential evictions, mobile home park evictions,                                                                                                                                                     • General Practice                          •   Leasing Agents
commercial property evictions, squatter evictions, and post-foreclosure evictions. H.H.                                  CONTINuING EduCATION CREdIT                                                                                           • Litigation                                •   Landlords & Tenants
Evictions, Inc. is the largest eviction firm in the history of Montana and presently performs                                                                                                                                                  • Commercial Law                            •   Real Estate Professionals
over two hundred fifty evictions per year. Mr. Hess-Homeier received his J.D. from the                                Please	remember	to	bring	your	license	number,	ID	or	other	necessary	information	to	the	
                                                                                                                      seminar	to	ensure	proper	reporting	of	continuing	education	credit.
University of Montana School of Law.
MIChAEl SOl, a partner in Sol & Wolfe Law Firm, specializes in real estate law, commercial                   This
                                                                                                      MT ClE legalprogram has been approved by the Montana Commission of Continuing
                                                                                                                   Education for a total of 6.5 credits, including 1.0 hour of ethics.
                                                                                                                                                                                                                                                                        SEMINAR AGENdA
leases, and residential leases. Mr. Sol has been General Counsel for the Western Montana
Landlord’s Association for over twenty-five years, and he has represented the Association                    This seminar may qualify for continuing education credits through the Montana                                                I. leases: An Ounce of prevention
in successful litigation and legislation regarding landlord and tenant issues, licensing,             MT RE Boardsubmit individual applications, which pre-approved; however, individuals
                                                                                                             may
                                                                                                                    of Realty Regulation. This seminar is not
                                                                                                                                                              will be provided at the seminar.
                                                                                                                                                                                                                                               A. Tenant screening and qualifying – legally
                                                                                                                                                                                                                                                  1. Fair housing and discrimination laws
regulatory issues, housing discrimination. Mr. Sol also represents both landlords and
                                                                                                                                                                                                                                                  2. Background checks; rejecting applicants
                                                                                                      Id ClE total of 6.75 credits, including 1.0 hour of ethics.
tenants on compliance and litigation issues. Mr. Sol received his J.D. from the University                   This seminar has been approved by the Idaho State Bar ClE department for a
of Montana School of Law.                                                                                                                                                                                                                      B. Plain language lease: essential pro-active and remedial lease provisions
                                                                                                                                                                                                                                               C. Security deposits and personal guarantees
ChRISTOphER V. FAGAN, with Sullivan, Tabaracci & Rhoades, P.C., focuses his practice
on real estate, conservation easements, transactional matters, and commercial and civil               WY ClE Thiscredits, has been approvedof ethics.
                                                                                                             ClE
                                                                                                                  course
                                                                                                                          including 1.0 hour
                                                                                                                                                by the Wyoming State Bar Association for 6.75
                                                                                                                                                                                                                                               D. Late fees: how much is too much?
                                                                                                                                                                                                                                               E. Special circumstances: public and subsidized housing, mobile homes:
litigation. He gained significant experience in conservation easements and other related
land transactions by working as a conservation project manager for Five Valleys Land Trust,           BOMI This program SMA graduates. hours of BOMI International Cpd credit for RpA,
                                                                                                             FMA, and/or
                                                                                                                            qualifies for 7.0
                                                                                                                                                                                                                                                  statutory protections and differences in notices and time lines
a local non-profit organization, and then as the operator of the Missoula branch office of                            Sterling Education Services is registered with the National Association of State Boards                             II. landlord liability for problems with the premises
the Bozeman-based farm and ranch brokerage, Fay Ranches, Inc. Mr. Fagan received his                                  of Accountancy (NASBA) as a sponsor of continuing professional education on the                                          A. Case law updates landlord liability
undergraduate degree from the University of Nevada–Reno and his J.D. from the University                              National Registry of CPE Sponsors. State boards of accountancy have final authority on the                               B. Protecting Tenants at Foreclosure Act: obligations and responsibilities
                                                                                                                      acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may
of Montana School of Law.                                                                                             be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700,                               C. Physical defects on the premises
NAThAN G. WAGNER, a senior associate with Sullivan, Tabaracci & Rhoades, P.C.,                                        Nashville, TN, 37219-2417. Web site: www.nasba.org. CPE Credit: Maximum Credit Hours: 8.0                                D. Providing Security
emphasizes his practice on civil litigation, real estate, commercial law, criminal defense, and                       each session (based on a 50 minute credit hour). Field of Study: Specialized Knowledge and
                                                                                                                      Applications. Prerequisite: None. Level of Knowledge: Basic. Delivery Method: Group-Live.
                                                                                                                                                                                                                                               E. Liability for injury (lead paint, mold, radon, etc.)
transactional matters. Mr. Wagner represents individual landlords, property managers, and                             Advance Preparation: None. No CPE credit will be granted for home study with the purchase of                             F. Other risk management issues
tenants all over the state of Montana, including representing a number of large property                              the seminar audio recording. SES is only approved for “Group/Live” programs.                                        III. Evictions: Excuses and Traps When Things Go Bad
management companies in matters ranging from evictions to premises liability actions. He                              Other continuing education credit may be available. Please call (715) 855-0498 to inquire.                               A. Terminating the tenancy
also serves as a judge pro	tempore in Missoula County Justice Court, presiding over a wide                                                                                                                                                        1. Demands, notices, lockouts
                                                                                                     Walk-ins: Payment is required at the door. Please call ahead to confirm the schedule.
variety of criminal and civil matters, including landlord-tenant actions. While he was in law        Cancellations: Substitutions or transfers to a future Sterling seminar are welcome anytime up to the day of the seminar. If you              2. Forcible entry and detainer
school, Mr. Wagner served as an intern in the Missoula County Attorney’s office prosecuting          cancel at least three business days before the seminar you may 1) transfer your registration to another seminar, 2) receive a full
                                                                                                                                                                                                                                                  3. Other problems: ending the relationship
criminal offenses. Mr. Wagner received his B.A. from the University of Montana and his               refund minus a $25.00 service charge, or 3) receive an audio and manual set of the seminar.
                                                                                                     Please note: If you do not attend and do not cancel as described above you are not entitled to a refund.                                     4. Local “tenant’s rights” ordinances
J.D. from the University of Montana School of Law.
                                                                                                                                                                                                                                               B. Landlord and tenant actions
AlAIN B. BuRRESE, Attorney at Law, focuses his law practice on mediation and also                                                             Landlord-Tenant Law                                                                                 1. Jurisdiction and venue
practices in real estate, corporate/business law, and immigration/international matters.
                                                                                                                                                                                                                                                  2. The writ: preparation, entry and service
He is the newly appointed Executive Director of the Community Dispute Resolution Center                  Register today for seminar #11MT06156
of Missoula County. Mr. Burrese provides mediation services for litigated and non-litigated              Mail: Sterling Education Services            Web: www.sterlingeducation.com
                                                                                                                                                                                                          Call us about                           3. Discovery
                                                                                                                                                                                                    discount opportunities                        4. The hearing; statutory defenses, and appeals
disputes. He has completed various mediation trainings, including Mediating	the	Litigated	                       P.O. Box 3127                        Phone: 715-855-0498                           for large groups, NPOs,
Case at the Straus Institute for Dispute Resolution at Pepperdine University School of Law.                      Eau Claire, WI 54702-3127            Fax: 715-835-5132                                                                           5. The writ of possession
                                                                                                                                                                                                       new practitioners
Additionally, Mr. Burrese is the owner of Burrese Enterprises, Inc., a company that offers                                                                                                                 and others!                         C. Landlord deposits
mediation services, consulting, and training/speaking both in the negotiation/mediation                                                    Missoula - June 22, 2011                                                                            D. Fair credit reporting
areas as well as on safety, self-defense, and martial art topics. Other legal experience includes      Registration Fee (includes manual):                                       Reference Materials:                                     IV. landlord-Tenant Mediation/dispute Resolution
clerking in a civil litigation defense firm for two and a half years where he was involved in all      r $319 per person                                   r Audio/manual package $327*                                                        Overview and effective use
aspects of the defense side of litigation and spending a year at the Missoula City Attorney’s          r $309 per person for 2 or more                     r Audio only $237*                                                             V. Collections: Enforcing Your Judgment
Office prosecuting misdemeanors. Mr. Burrese serves on the State Bar of Montana Dispute                r $289 per person if paid by May 11th               r Manual only $95*                                                                  A. What to do when a tenant or landlord files bankruptcy
Resolution Committee. He is a member of the Montana State Bar and the American Bar                     r $137 audio with registration, a $100 savings!                                                                                            1. Effect of a bankruptcy stay, lifting the automatic stay, regaining possession
Association, Dispute Resolution Section. Mr. Burrese received his B.S., with high honors, from            r Check Enclosed (payable to Sterling Education Services, Inc.)                                                                         2. Tenant’s duty to pay rent during the pending bankruptcy
the University of Montana and his J.D. from the University of Montana School of Law.                                                                                                                                                           B. Considerations before pursuing judgment, should you even bother?
                                                                                                          r VISA r MC r AMEX r DISC
QuENTIN M. RhOAdES, a principal of Sullivan, Tabaracci & Rhoades, P.C., concentrates his                                                                                                                                                          1. Obtain necessary information to collect judgment early in the rental process
                                                                                                          Card #:__________________________________________ Exp. Date:_____________
practice on trials and appeals of real property, insurance, and commercial disputes in state                                                                                                                                                      2. Obtaining judgment: where to file - jurisdiction and venue issues
and federal courts. Mr. Rhoades also practices in bankruptcy/creditor rights, construction,               Name on Card:____________________________________ CCV:__________________
                                                                                                                                                                                                                                                     and what to file - is small claims appropriate?
foreclosures, and Federal and Montana housing discrimination claims. He has a wealth of                Name: _________________________________ Email: ____________________________t                                                            C. Collecting on the judgment
courtroom experience before Montana and federal trial and appellate courts. Mr. Rhoades                Name: _________________________________ Email: ____________________________t                                                               1. Moving for periodic payments
is admitted to practice before the U.S. Supreme Court, the Montana Supreme Court, the U.S.             Name: _________________________________ Email: ____________________________t                                                               2. Post judgment attachments and trustee process:
Eighth and Ninth Circuit Court of Appeals, the U.S. Ninth Circuit Bankruptcy Appellate Panel,                                                                                                                                                        can you attach bank accounts or wages and other options?
the U.S. District Court for the District of Montana, the U.S. Court of Claims, the U.S. Tax Court,     Type of Business:_______________________ Primary Practice Area:_________________
                                                                                                       Firm/Company Name:______________________________________________________
                                                                                                                                                                                                                                                  3. Absconding, skip tracing, and use of investigators
the U.S. Immigration Court for the Districts of Montana, Washington, and Colorado, and the
U.S. Board of Immigration Appeals. He is also admitted to practice pro hac vice before federal                                                                                                                                            VI. Ethical Considerations in landlord-Tenant law
                                                                                                       Address: _________________________________________________________________
courts in the Western District of Arkansas, the Eastern and Southern Districts of Texas, the                                                                                                                                                   A. Negotiating with a pro se tenant at court
                                                                                                       City:_____________________________________ State:_________ Zip:______________                                                           B. Conflicts of interest, un-represented, dual representation, and competency
Western District of Washington, and the District of Minnesota. Mr. Rhoades received his B.S.,
with honors, and his M.A., with high honors, from Montana State University, and his J.D. from          Phone: (_______)_______________________ Fax: (_______)_______________________ t                                                         C. Ethical situations, illegal immigrants
the University of Montana School of Law. Mr. Rhoades served as law clerk for the Honorable                   LTL5p
                                                                                                                              *Pricing listed includes $6 shipping and handling. Please allow two to six weeks for delivery.
                                                                                                                                 t
                                                                                                                                                                                                                                               D. Fee arrangements, getting paid
                                                                                                                                   By providing this information you are agreeing to be added to in-house distribution lists.
John L. Peterson, Chief Judge, Bankruptcy Court, of the District of Montana.                                                                                                                                                                    Sterling	Education	Services	may	alter	the	agenda	due	to	circumstances	beyond	our	control.

				
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