Waive – To voluntarily give up
something. Most tenants want the landlord to waive the rent owed, if
they agree to move out. Approximately fifty percent of landlords
will agree to this, provided the tenant moves out on time, usually
within 30 days, and leaves the property clean and undamaged. The
other fifty percent of landlords want a money judgment for the rent
owed.
Warranty of habitability - Implied in a
residential lease, usually does NOT apply in a commercial lease
unless specifically written into the lease. Most states impose
certain duties on a landlord to maintain residential premises in
habitable condition, including adequate weatherproofing, heat, water and electricity, and clean, sanitary and structurally
safe premises. If those conditions are lacking, it may be legal
justification for a tenant's defensive acts, such as moving out (even
in the middle of a lease), paying less rent, withholding the entire
rent until the problem is fixed, making necessary repairs (or hiring
someone to make them and deducting the cost from next month's rent).
A landlord who consistently does NOT maintain the premises in
habitable condition is generally called a slumlord.
Waste – Damage to real property
caused by a tenant [other than normal wear and tear], which lessens
its value to the owner. Waste I have encountered with my clients
include tenants discarding items into swimming pools, marking
walls, punching holes in walls or doors, breaking the hinges of
cabinets and doors, taking a sledgehammer to the kitchen counters, allowing the grass and landscaping to wither and
die, and burning down the premises.
With prejudice – A dismissal with
prejudice means the dismissed case cannot be brought again, or the
court's order on the motion is final. Opposite of “without
prejudice” which means the party retains the right to file a new
case [or new motion] on the same claim.
Writ of possession – A written order
of the court, authorizing and directing the Sheriff to evict the occupants of real
property. When the court grants judgment in favor of the
plaintiff/landlord, the clerk then issues a writ of possession. That
writ is delivered to the Sheriff, who then forcibly evicts the
occupants from the property if they don't move out voluntarily prior
to the date the Sheriff arrives. Most of the time in CA, it takes
about 2-3 weeks after the court grants judgment, for the actual
eviction to occur. I have heard that in some states, the Sheriff
arrives the same day, or within five days, of the court's judgment.
And in some states, the Sheriff will place all of the occupant's
personal property outside at the curb. That does NOT happen in CA -
the former occupants have 15 days to make an appointment to come back
and retrieve their personal property, and the landlord must safely
store the property for that time.
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