Landlord-Tenant Law for Magistrates
This 18-hour online seminar is designed for all small claims magistrates, including those who are new to holding small claims court. The sessions will consist of lecture accompanied by a variety of interactive exercises, and students will need uninterrupted online access during each session. Content will include all aspects of summary ejectment law, with our emphasis always on the pragmatic application of legal principles in the small claims courtroom.
NOTE: Intro to Small Claims is a recommended prerequisite for magistrates new to small claims, but it is not a requirement for admission.
Additional information
Attendees: NC Magistrates presently holding or preparing to hold Small Claims Court
General | 18.00 hrs |
Total | 18.00 hrs |
Module 1: Overview & Introduction to Basic Concepts
- Lecture Notes
- What is a Simple Landlord-Tenant Relationship?
- Differences Between Commercial and Residential Leases
- Additional Resources
Module 2: Special Procedures for Summary Ejectment
- Lecture Notes
- Be Aware of These Procedural Rules
- Facts for Small Groups
- Additional Resources
Module 3: Grounds for Eviction: Forfeiture & Failure
- Lecture Notes
- Essential Elements & Common Defenses
- Failure to Pay Rent Questions
- Forfeiture Clauses
- Additional Resources
Module 4: Grounds for Eviction: Holding Over & Criminal Activity
- Holding Over Lecture Notes
- Essential Elements
- Holding Over Note-taking & Problems
- Holding Over & Criminal Activity PPT Slides
- Criminal Activity Outline
- Criminal Activity Case Study
- AOC Form - Judgment in Action for SE Criminal Activity
- PPT Slides - Holding Over & Criminal Activity
Module 5: Special Rules for Subsidized Housing
- Form HUD-52641-A
- Additional Resources
Module 6: Tenant's Claims & Defenses
- Facts for Group Problem
- Assistance Animals
- Affirmative Defenses & Counterclaims
- Security Deposit
- 10 Things You Should Know About Security Deposits
- Don't Try This at Home: Self-Help Evictions
- Fair Housing Law Applicable to Tenants with Disabilities
Module 7: Special Situations & Pesky Questions
- What Magistrates Need to Know About the RRAA
- Things You Might Not Know About the RRAA (blog post)
- Special Situations
- Pesky Questions
- Small Group RRAA Problem
Module 8: Law on Damages & How to Enter Judgment
- Key Points About Landlord-Tenant Law & Damages
- Entering Judgment Notetaking
- A Judgment for Possession is Only Step 1
- Judgment Form
- Additional Resources
Module 9: Putting it All Together