The conditions and steps involved in a landlord forcing a tenant to leave a rented property – ‘eviction’ – are defined by state and local laws. As both landlord and tenants have legal rights, eviction requires methodical and documented steps. Unpaid rent would seem like a common and simple cause for eviction, but tenants have rights even in this case. These rights may include a period of notice, and an opportunity to catch up on rent payments. Other causes – such as destructive behavior or repeated noise – also require a methodical approach. Did the landlord and tenant agree to certain conduct in the lease agreement? Are there witnesses or documentation of behavior or results? Generally, eviction starts with written notice. Some notices such as ‘cure or quit’ notices allow tenants a short time to address issues. ‘Unconditional quit’ notice is typically reserved for repeat cause or serious infringement. The rules for eviction are detailed and can be strict. When in doubt, get experienced legal advice.
 

The post Eviction Rights and Rules appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

While there’s no concrete answer to how long a lawsuit process might take in court, US cases take over a year on average, and cases running 5 or more years are not unheard of. The load of cases before state courts has increased over time, and staffing has not. Statistically, most litigation is not completed by a court decision, but settled out of court. How long cases take to reach settlement is also unpredictable. Mediation and arbitration are common routes to settle outside litigation. In mediation, the parties engage an independent 3rd party to facilitate settlement – but settlement is typically voluntary. In arbitration, the parties agree to be heard by an independent, qualified arbitrator, and to abide by the decision of the arbitrator.
 

The post Alternatives To Litigation appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

In US law, one party can bring a lawsuit against another party in court. In civil cases, the party bringing the suit — called the plaintiff — generally claims to have incurred loss through actions of the other party – the defendant. In criminal cases, the state — whose legal representative is called ‘the prosecution’ — charges the defendant with breaking the law. The court decides the case; judgement may include remedy of the loss and damages in civil cases, or sentencing in criminal cases, plus injunctions to force action and other legal consequences. The overall conduct of a lawsuit is called ‘litigation.’ The parties on both sides are generically ‘litigants’, and the attorneys who represent them are ‘litigators.’
 

The post What is Litigation? appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

Picture this agreement between two players in a board game: ‘If you land on my property 10 times, pay $5 more each time, and then you can buy it for $200.’ The first player still owns the property for those 10 turns, but the second player has secured a set price and (potentially) first-in-line status to buy. It’s more complicated than just paying rent, and it has a different set of risks than just selling and buying. The final deal is set in the future, and is less predictable. These two players have basically constructed a rent-to-own agreement. They have a rental agreement, with an option-to-buy agreement attached. Rent-to-own agreements are used in the real world as well, for things ranging from cars to buildings. Rent-to-own gives parties a different set of tools and risks to reach agreement. They can be complex, and legal advice may be prudent.
 

The post Rent-To-Own Agreements appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

A landlord owns property that is rented or leased to someone else – the ‘tenant’ or ‘lessee.’ Both responsibilities and rights for landlords are defined by law – usually state and local codes in the US. Responsibilities for landlords may cover property, contract, and tenant issues. Rented properties must meet safety requirements and other municipal codes, as well as safe and livable ‘habitability.’ Contract terms including price, late penalties, contract length, and cancellation notice are also frequently defined by law. Likewise, tenant selection, treatment and eviction requirements are often spelled out by applicable regulations. Landlord responsibilities are different from property ownership. State and local laws define the ‘game rules’ under which landlords and tenants work together.
 

The post Landlord Rights & Responsibilities appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

When a person or business concludes that meeting their debts is not realistic, they may file for bankruptcy in Federal Bankruptcy court. A bankruptcy filing places an automatic stay on debt-related actions and judgements, including wage garnishment — court-ordered seizure of part of someone’s wages. This temporary stay of financial actions — before the case is actually settled — is the accurate meaning of ‘bankruptcy protection.’ Bankruptcy protection gives the debtor immediate relief from actions, and protection of their assets while the case is being decided. Owed parties cannot start, enforce or appeal actions. The automatic stay generally continues until the case closes, or the debtor receives a discharge. As bankruptcy is Federally administered, bankruptcy protection is very powerful.
 

The post Bankruptcy Protection appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

Bankruptcy is a set of legally-defined ways for individuals or businesses to settle debts without full payment, by following rules that govern their assets and financial actions for a period of time. There are two broad types, liquidation and reorganization. Under liquidation, the party in debt agrees that their eligible properties and assets can be taken and sold to pay back debt. Some types of property are exempted. Under reorganization, the party in debt retains their property, but commits to repay some portion of the debt, typically over time. While it provides relief from debt, bankruptcy has serious and long-term effects, affecting credit ratings, the cost of future borrowing, eligibility for financing and purchases, and more. Bankruptcy decisions in the US are Federal. The US Constitution authorizes Congress to establish ‘uniform Laws on the subject of Bankruptcies throughout the United States’. States are allowed to define exempt and non-exempt properties, but they do not make bankruptcy judgements.
 

The post Bankruptcy Basics appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

A will is a written document that defines how your assets will be distributed after you die. Trusts are legal arrangements that involve a separate legal entity to hold and distribute assets — during your life, after your life, or both. As an alternative to wills, trusts frequently provide additional controls and protections over probate, terms, taxes and other legal processes. In simple terms, a will defines what becomes of your assets after you cease to be a legal, living person. A trust sets up a separate legal entity of some sort, with instructions and rules defined to make that trust do what you want it to do with those assets. The trust may have to become the legal owner of assets or properties – including real estate – to be effective at this function. In general, trusts are more complicated than wills, frequently more expensive, but may be able to improve your control over probate and distribution, and to better protect and direct your assets to the purposes you define.
 

The post Understanding Wills and Trusts appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

The legal distribution of assets and property left by someone who has died is called ‘probate.’ It is a process of law, involving government and courts, that ensures proper and legal distribution of their assets. Even if the deceased person had a legal will, probate is frequently required. In general, probate involves these steps: If a will exists, it is proven to be legal and valid, with all required signatures, witnesses and other documents. Someone is appointed — by the will, or, it not, by the probate court – to administer estate distribution. Probate-eligible estate property and assets are identified, inventories and appraised. Debts or taxes owed by the deceased are settled. Finally, remaining assets are distributed — by the will, or if no legal will exists, based on state law. When probate is required, most assets cannot be distributed until the process is complete. In the US, probate laws vary by state, and probate is not always necessary.
 

The post Probate Basics appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.

Imagine a board game player telling a friend ‘roll for me, but don’t sell anything’. Would the friend continue to roll when the player returned? Probably not. In game terms, they were granting a limited, temporary power to act on their behalf. These two concepts – range of action and effective period – also apply to legal power-of-attorney arrangements. Limiting the range of action — ‘roll but don’t play’ in the game, or ‘healthcare but not financial decisions’ in the legal system, creates limited or ‘special’ power of attorney. An agent granted the right to make any personal or business decision, by contrast, has general power of attorney – it’s like saying ‘roll, play, sell properties, or anything else’ in a game. Here a few common types of power of attorney: Temporary periods of authorization are called temporary power of attorney. Common power of attorney authorizes the agent until the grantor is incapacitated. Durable power lasts beyond incapacitation — ‘play my turn even if I can’t come back’ — while ‘springing’ power of attorney starts with incapacitation — ‘play my piece if I can’t come back.’ Power of attorney can have great impact, and legal advice may be required.
 

The post Common Types of Power of Attorney appeared first on Metairie, Madisonville, Chalmette, LA | Authentic Title & Law Practice.