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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.
 

Renting home or business space from an owner comes with legal rights and responsibilities. The landlord can’t do ‘anything they want’, and neither can the tenant. Federal, state and local laws all apply. Under the Federal Fair Housing Act, tenant applications can’t be rejected based on race, color, religion, age, sex, national origin, family status, or mental or physical disability. The Federal Fair Credit Reporting Act requires landlords to advise that tenants can request a credit report if they are rejected based on a credit check. State and local codes usually cover property, contract issues and landlord conduct. A safe, habitable building is one of the key property rights applicable to tenants. Other codes cover tenant-landlord contracts, including security deposits, interest, return dates, and in some cases, even rental rates. Rental arrangements should always be documented in writing, and tenants are entitled to copies of the documents. Conditions for ending rental are usually defined in laws as well — and even eviction conditions. It’s advisable for a tenant to document everything – including photos of property condition – to minimize disputes with facts should something arise.
 

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.
 

In US law, corporations are organizations authorized to act as a legal entity. US and state tax laws allow a special ‘S Corporation’ tax status that changes how corporate taxes are handled. The government taxes regular ‘C’ corporations directly on their profits, under corporation-specific laws. Individual income tax only applies to money that owners receive from the corporation, such as salaries and dividends. ‘S’ corporations do not pay taxes directly. Their profits or losses ‘pass through’ to the owners’ personal tax returns. This makes them similar to LLCs tax-wise. S status can be ‘elected’ by the shareholders, if the restrictions for S corp status are met. S corps can also un-elect S-corporation status, and revert to ordinary ‘C’ corporation taxes.
 

In US law, corporations are organizations authorized to act as a legal entity. US law also recognizes another legal status for a company, called a ‘limited liability corporation’, or LLC for short. LLCs are not separate legal entities like regular corporations, but they do provide some legal protections for owners. LLCs can be insured separately from owners, and they also limit the personal liability of owners. If someone sues an LLC company, their suit is against the company, not the company owners. Owner risk from the suit is commonly limited to the value of their investment in the company – with some exemptions and conditions. Unlike corporations, LLCs are not taxed on their own. LLCs are ‘pass-through’ tax entities; profits and losses pass through to the owners’ personal tax returns. Creating an LLC is relatively simple, involving state filings and modest fees.
 

When a lender releases an existing mortgage for a payoff that is less or ‘short’ of the total amount due, the transaction is called a ‘short sale.’ Lenders sometimes accept short sales as an alternative to repossession and foreclosure, which can be expensive. Likewise, a short sale avoids foreclosure and credit-rating reductions for the seller. Short sales may be prompted by a seller’s inability to make payments, or the property value dropping below the mortgage balance – ‘underwater’ – or possibly both. Short sales are usually initiated by the homeowner, but lender approval is required to proceed. Buyers typically negotiate short sales with sellers, but lender approval is also required to finalize a short sale. Short sales are more complex and may take longer than conventional purchases.
 

If a marriage with children is legally ended by divorce, access, time and legal responsibility for the children – ‘custody’ – must be decided. Custody arrangements include physical custody, parental visitation rights, and legal custody. . Physical custody arrangements define where the children will reside; this could be with one parent or both, if proximity allows normal routines and schooling. Physical custody may affect visitation; if children live solely with one parent, the other may have the right to visitation or parenting time. Legal custody includes the right (and obligation) to make decisions about schooling, medical care, religion and other upbringing choices. Legal custody may also be jointly shared by both parents, or solely awarded to one. Custody arrangements frequently affect financial responsibility arrangements, such as child support. Custody decisions can be complicated, and legal advice is frequently required.
 

When the legal state of marriage is ended by divorce, legal commitments by the couple – property, debts and more – must be resolved. While laws vary by state, the divorce process generally involves distinguishing ‘community property’ that was jointly owned by the couple from ‘non-community property’ owned by just one person. Property may mean real property, like a house, but also business, financial and other assets. Couples may divide their property and debts themselves; if they are unable to, the court presiding over the divorce may use state laws for the division. While children are not ‘property’, divorce proceedings require addressing custody, visitation and financial support if there are children. If the couple owned a house, neither has an automatic right to evict the other until ownership of that is decided as well. Asset division can be complicated and emotional, and legal advice is frequently required.
 

When a couple marries, they gain the legal right to do certain things together, such as own property or owe debts. Divorce is the legal termination of marriage; the legal status, responsibilities and arrangements of the married couple are cancelled. Divorcing requires that these all be resolved in some way. Property and debt has be divided. Custody, visitation and support of children must be addressed. If the divorce settlement commits one spouse to financial support of the other after marriage — called ‘alimony’ — that must be defined as well. Legally-acceptable reasons for divorce may include both ‘no-fault’, where parties divorce without officially blaming each other, and fault-based divorce, where individuals’ actions are accepted as grounds. While there are other forms of change in marital status, such legal separation and religious annulment, they are not the same thing as legal divorce.

US law allows courts to declare individuals and businesses bankrupt, allowing them to settle debts without full payment. Filing bankruptcy is a legal action asking the court to make this declaration; deciding to file should account for: –Debts that are owed –Assets that could be affected by the decision –Assets that are exempt from the decision, which vary by state. –Eligibility for bankruptcy discharge, based on your means. Some types of bankruptcy, like Chapter 7, include a ‘means test.’ Filing typically involves taking a credit-counseling course, then completing a Bankruptcy Petition with the US Court. Full proceedings will require additional forms and information, and usually at least one meeting with the bankruptcy trustee. The full course of settlement will vary; objections or motions by creditors, winding up of secured debts, and other matters may differ based on circumstances. The final step is completing a debtor education course before the court issues a discharge.