#TuesdayTips – The Importance of a Lease

Leasing property is a business and with any business a well drafted contract is a necessity.  Your lease is your contract. 

On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to stress the importance of obtaining a well drafted lease for your rental property.  As landlords you are entrusting a tenant or multiple tenants with taking care of your property and timely paying rent.  Despite your best investigative skills you may end up with tenants that are the opposite of what they seem on paper and ultimately destroy your property, fail to pay rent, or some other violation.  What do you do?  How can you protect yourself from these harms?  It starts with a well drafted lease.

When a tenant doesn’t pay rent or destroys property some landlords just think “I’ll evict my tenant.”  The process of evicting a tenant can be long and administratively cumbersome.  It requires notices, filings, a court appearance, a waiting period, abiding by local eviction procedural rules, scheduling an eviction, and then waiting for the date to arrive.  In the meantime, months have passed and your tenants may have destroyed property and/or failed to pay rent during that period.

Many landlords choose to download free leases from the internet and are left in a precarious situation when they cannot evict a tenant, charge late fees, collect attorney fees, or sue for the damage done to the property.  A well drafted lease will include many provisions to protect the Landlord’s interest and remedies in the event of default.  Additionally, these leases will have clauses which will permit the collection of late fees, attorney fees, bounce check fees, security deposit policies, authorized uses of the property, duties of the tenant and landlord, and similar provisions.  A sloppy or poorly drafted lease could result in your tenant getting away with damage, rental loss, etc. and leave you without any opportunity to collect.

Leasing property is a business and with any business a well drafted contract is a necessity.  Your lease is your contract.  Call the attorneys at ERA Law Group, LLC today and ask about our fixed fee leases!

#TuesdayTips – Filing for Guardianship

When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  

Many people find themselves in a precarious situation when their spouse, parent, sibling, friend, etc. are no longer able to feed themselves regularly, pay their bills, see the doctor, and generally not take care of their person or finances.  When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  When a person will not or cannot voluntarily seek assistance on their own, you may have to request the Court to intervene in order to ensure their safety.  On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to discuss the process of filing for Guardianship.

When filing a Petition for Guardianship of the Person and/or Property, the Petitioner is seeking the Court to declare the alleged disabled person incompetent and therefore unable to care for themselves and/or manage their property/finances.  This would let the Petitioner, when appointed Guardian, to act on behalf of the alleged disabled person and make sure they are taken care of physically and financially.

The steps to file the Petition can be confusing as the Petition requires specific information and documents for filing.  For example:

  1. The Petition requires various information about the alleged disabled person, including but not limited to their finances, the purpose of the filing, the diagnosis, etc.
  2. The Petition requires time sensitive certificates related to the alleged disabled person’s disability from two medical providers.
  3. After filing, the Court will appoint the alleged disabled person an attorney to represent them in the proceeding. The attorney will meet and speak with the alleged disabled person and contact anyone else, including the Petitioner, that s/he feels is necessary.
  4. The Petitioners will also be required to notify certain people and facilities that would need to be made aware of the Petition.
  5. Finally, there will be a hearing to decide whether the findings are such that the Court will declare the person incompetent and appoint a Guardian, presumably the Petitioner.

In most cases this process is painless.  In the other cases the process can be litigious and emotionally challenging for the Petitioner, the family, and the alleged disabled person.  In either case, it would be in your best interests to speak with an attorney to make sure the Guardianship process is completed effectively and accurately.  In the event you oppose the Petition, it’s important to make sure your opportunity to object does not expire and your objections are appropriately identified.

The health, safety, and well-being of your friend or family member is of utmost importance.  Call the attorneys at ERA Law Group, LLC today to help navigate you through this process.