Legal Articles and Information

Attorney Harry Anthony Heist has trained thousands of Florida property managers since 1989 and has written hundreds of articles on property management related legal issues. This is an ever growing collection of articles written by attorneys Harry Heist, Mike Davis, David Weisse and Cathy Lucrezi who is now practicing Elder Law at Florida Rural Legal Services. If a particular topic is of interest to you or your company, email us with your request.

- Attorneys And Attorneys Fees
- Disaster Issues
- Eviction Issues
- Fair Housing
- Foreclosures
- Leases
- Liability Avoidance
- Managing In Condominiums
- Notices
- Pet Issues
- Rent, Debts and Collection
- Safety
- Security Deposits
- Single Family Home Management
- Tenant Noncompliances
- Terminating A Tenancy
- Miscellaneous

Eviction Issues:

PROPERLY EXECUTING THE WRIT

EVICTIONS AND REPAIR REQUESTS

EVICTION AVOIDANCE TECHNIQUES

EVICTIONS NOW THAT FILING FEES HAVE EXPLODED

HOLDING OFF ON EVICTING

THE BASICS OF THE “UNCONTESTED” TENANT EVICTION - THE TIMELINE

EVICTIONS AND THE RENTED GARAGE

THE WRIT OF POSSESSION

THE VERIFICATION OF NON-MILITARY STATUS

EVICTING FOR HOUSEKEEPING ISSUES

RETURNING RENT DURING AN EVICTION

EVICTING FOR UNAUTHORIZED OCCUPANTS

INSURING A SMOOTH TENANT EVICTION

THE PROPER USE OF STIPULATIONS

MOTION TO DETERMINE RENT – A TENANT DELAY TACTIC

THE MOTION TO STAY THE WRIT OF POSSESSION - A TENANT DELAY TACTIC

EVICTION COUNTY FILING FEE CHANGES

THE COURT HEARING WHEN THERE IS
NO MONEY IN THE COURT REGISTRY

SQUATTER OR TENANT

CREDIT REPORTS AND “DISMISSALS”

COURT ETIQUETTE

FAILING TO TELL YOUR ATTORNEY ALL THE FACTS

Pet Issues:

THE PET ADDENDUM AND NON-PET DAMAGE

HAVING A TENANT SIGN A PET ADDENDUM WHEN THERE IS NO CURRENT PET

THE PET ADDENDUM AND REMOVAL OF THE PET

THE PET APPLICATION

AUTHORIZING THE UNAUTHORIZED PET

Fair Housing:

HOUSING FOR OLDER PERSONS

COMMON SCREENING MISTAKES

WELCOMING DISABLED APPLICANTS

WHAT ARE DIFFERENT TERMS AND CONDITIONS?

WHAT IS A REFUSAL

LIVE IN CAREGIVERS

EVICTIONS AND FAIR HOUSING

AN AGENT'S LIABILITY

HAPPY HOLIDAYS OR MERRY CHRISTMAS

PARK IT RIGHT THERE

HARASSMENT

HOUSEKEEPING PROBLEMS

SUPERVISION OF CHILDREN

ADVERTISING WITHOUT DISCRIMINATING

INDEPENDENT LIVING

SCREENING ON THE BASIS OF CRIMINAL BACKGROUND

ARE YOU UP TO DATE?

MAKING REASONABLE MODIFICATIONS

WHAT'S REASONABLE ABOUT AN ACCOMODATION

NOISY KIDS AND FAIR HOUSING

RETALIATION IS PROHIBITED

HOW A COMPLAINT IS INVESTIGATED

THE IMPORTANCE OF THE "LITTLE HOUSE”

“SPECIAL” LEASE TERMS

FEAR vs. FACTS

WHEN A SPECIAL IS NOT SO SPECIAL…

FAIR HOUSING AND LOCAL RULES

ARF!!! IS THAT A SERVICE ANIMAL BARKING?

PROTECTING YOURSELF FROM FAIR HOUSING CLAIMS

APPLICATION CRITERIA

TO RENEW OR NOT TO RENEW

HOW A COMPLAINT IS FILED

DON'T THROW THAT APPLICATION IN THE TRASH”

TENANTS ACTING AS AGENTS

NON-CITIZENS

BE FAIR TO VISITORS TOO

HOW'S MAINTENANCE

WHAT'S AVAILABLE?

WHAT DOES YOUR AD SAY?

TWO PEOPLE PER BEDROOM?

DO YOU CURFEW?

ANYTHING SLIPPING THROUGH THE CRACKS?

HEARING IMPAIRED APPLICANTS ARE CALLING

DIRECT THREATS

COPYING ID-IS IT LEGAL?

Notices:

ACCEPTING RENT AND THE SEVEN DAY NOTICE

MAILING THE THREE-DAY NOTICE

SERVING NOTICES – ARE WITNESSES NECESSARY?

THE SEVEN DAY NOTICE OF NON COMPLIANCE WITH OPPORTUNITY TO CURE

SERVING THE THREE DAY NOTICE

PREPARING THE THREE DAY NOTICE

THE AGREEMENT TO VACATE

POST THREE-DAY NOTICE COMMUNICATIONS

THE KILLER SEVEN DAY RENT WITHHOLDING LETTER FROM THE TENANT

THE IMPORTANCE OF ACCURACY

THE INCARCERATED TENANT

NO MORE NOTICES AFTER NON-RENEWAL

Foreclosures:

FORECLOSURE AND THE RESIDENTIAL PROPERTY MANAGER

FORECLOSURE QUICK Q & A

FORECLOSURE AND YOUR OWNERS

FORECLOSURE AND DISCLOSURE

FORECLOSURES REVISITED

FORECLOSURE SCAMS

Safety Issues:

PREVENTING FLOOD DAMAGE

DEALING WITH THE GAS GRILL

THE DANGERS OF THE TIPPING STOVE

FIREWORKS AND THE RESIDENTIAL PROPERTY MANAGER

TRAMPOLINES - FUN or FATAL?

FIRE DANGERS AT MOVE IN

DAYCARE AND BABYSITTING SERVICES IN THE RESIDENTIAL PROPERTY

SECURITY AND THE RESIDENTIAL PROPERTY MANAGER

NEW SEXUAL PREDATOR AND OFFENDER ORDINANCES AND HOW THEY AFFECT THE LANDLORD

METHAMPHETAMINE AND THE RENTAL PREMISES

Lease Issues:

KNOW THE LEASE

WHO IS THE LANDLORD ON THE LEASE

RENEWING A LEASE WITH A BALANCE OWED

RELEASING YOUR TENANT FROM A LEASE

DOES A LEASE TERMINATE WHEN THE PROPERTY SELLS?

LEASE BREAKS DUE TO MEDICAL REASONS

THE POWER OF THE MOLD ADDENDUM

PROBLEMATIC LEASE CLAUSES

REQUIRING NOTICE PRIOR TO LEASE END

TERMINATION OF A LEASE IF YOU CANNOT GRANT POSSESSION

HOT LEASE TIP – TERMINATING DUE TO DAMAGES

REQUIRING NOTICE FROM TENANTS PRIOR TO LEASE END

THE DANGERS OF PREPAID RENT

REMOVING ONE TENANT FROM THE LEASE

DISHING THE DISH – SATELLITE DISH ISSUES

TENANT DEATH – THE NEW LAW

DOMESTIC DISPUTES AND TENANT RESTRAINING ORDERS

TRANSFERRING THE PROBLEM TENANT ON-SITE

BILLING FOR WATER NOW OR IN THE FUTURE

DISPLAY OF UNITED STATES FLAG BY TENANTS

CAN YOU PROHIBIT SMOKING ON THE PREMISES?

DEALING WITH RENTAL FURNITURE

DESPERATE LANDLORD ACTIONS

INHERITING THE BAD LEASE

IMPORTANCE OF UPDATED CONTACT INFORMATION

THE MISSING LEASE

MOVE-IN INSPECTION PROCEDURES

WHEN ALL TENANTS DONT SIGN

THE RESIDENTIAL ORAL LEASE

THE EMPLOYEE TENANT

CARPET DAMAGE

Tenant Noncompliances:

THE BELLIGERENT TENANT

THE TENANT AND THE ELECTRIC BILL

WHEN TENANTS DENY ACCESS

THE OCCUPANT IS UNAUTHORIZED BUT IS NOT CAUSING A PROBLEM

WHEN TO CALL THE POLICE ON CHILDREN

REMOVING THE CHILD CRIMINAL

AUTHORIZING THE UNAUTHORIZED TENANT

YOUR TENANT BROKE THE LEASE – NOW WHAT?

TERMINATING A TENANT FOR A LEASE NONCOMPLIANCE - IT IS HARDER THAN YOU THINK

TERMINATING A TENANT WITHOUT OPPORTUNITY TO CURE

THE LEASE BREAK BY THE TENANT

BARKING DOGS AND COMMON SENSE

Security Deposits:

FORGETTING TO SEND THE SECURITY DEPOSIT CLAIM NOTICE

REVISING THE SECURITY DEPOSIT CLAIM

A SECURITY DEPOSIT PRIMER PART 1 Holding The Funds

A SECURITY DEPOSIT PRIMER PART 2- INITIAL DISCLOSURES

THE TENANT SECURITY DEPOSIT DISPUTE

BAD SECURITY DEPOSIT HABITS

BAD SECURITY DEPOSIT HABITS – PART 2

APPLICATION DEPOSITS

THE SECURITY DEPOSIT CLAIM AND WHAT THE TENANT ACTUALLY OWES

UNCLAIMED SECURITY DEPOSIT FUNDS PROCEDURE

THE “LAST KNOWN ADDRESS”

THE END OF TENANCY WALKTHROUGH INSPECTION

INTEREST BEARING SECURITY DEPOSITS

SECURITY DEPOSIT TRANSFER PROCEDURES

SECURITY DEPOSIT TIMING REVIEW

THE 15 DAY SECURITY DEPOSIT DISPUTE PERIOD

FORFEITURE OF THE SECURITY DEPOSIT

Single Family Home Management Issues:

CODE ENFORCEMENT AND THE PROPERTY MANAGER

WHO DO YOU WORK FOR?

EXCLUSIONS FROM THE TENANCY

THE HOME WARRANTY PROBLEM

THE OWNER’S OFFICIAL ADDRESS

THE EARLY TERMINATION LAW AND THE SINGLE FAMILY HOME MANAGER

TERMINATION OF MANAGEMENT BY THE PROPERTY OWNER

PRE-PROPERTY MANAGEMENT ACCEPTANCE INVESTIGATIONS

TRAINING YOUR PROPERTY OWNERS

NO MORE RENTALS IN CONDOS?

NOTIFYING THE TENANT OF NEW MANAGEMENT

DOING FAVORS FOR LANDLORDS

THE DECEASED PROPERTY OWNER

CHINESE DRYWALL AND THE LANDLORD

SCREENING YOUR OWNER

LATEST LANDLORD/TENANT SCAMS

SALES TAX AND SEASONAL RENTALS

Terminating A Tenancy:

NON RENEWING A TENANT

TERMINATING THE LEASE DUE TO DAMAGE

WHEN A TENANT DIES

IS A UNIT ABANDONED?

KEYS AND POSSESSION

SOLDIERS, SAILORS AND TENANTS

SURRENDER OF THE PREMISES

HB 1489: FAA’S EARLY LEASE TERMINATION BILL ENACTED INTO LAW

UNDERSTANDING THE NEW EARLY TERMINATION LAW

ONE TENANT VACATING

TENANT DEATH AND THE OBSOLETE LEASE

CONCESSION PAYBACKS AND THE EARLY TERMINATION LAW

THE MECHANICS OF THE TENANT RELEASE

Managing In Condominiums:

MANAGING IN CONDO OR HOMEOWNER'S ASSOCIATIONS

CONDO/HOMEOWNER ASSOCIATION ATTORNEY'S FEES AND THE UNIT OWNER

Attorneys And Attorneys Fees:

LETTERS FROM ATTORNEYS-YOU RECEIVED ONE, NOW WHAT?

ATTORNEY'S FEES AND THE LANDLORD/TENANT RELATIONSHIP

Liability Avoidance:

TERMINATION FEES IN 2007 – ARE THEY LEGAL?

AVOIDING PRACTICES WHICH MAY GET YOUR COMPANY SUED

AMENITIES AND LIABILITY – NO GOOD DEED GOES UNPUNISHED

SAFE HARBOR OPERATIONS IN 2006

URGENT ACTIONS NEEDED TO AVOID LITIGATION

PROHIBITED PRACTICES AND THE RESIDENTIAL LANDLORD

PAYING LEASING BONUSES TO UNLICENSED PERSONS AND REFERRAL FEES TO RESIDENTS

DOCUMENT DESTRUCTION COMPLIANCE

HOW TO HANDLE THE HONEST MISTAKE

LOCKOUT PROCEDURES

RELEASING CREDIT REPORTS AND SOCIAL SECURITY NUMBERS

RISKS OF INCREASING REVENUE FROM TENANT CHARGES

Rent, Debts and Collection Issues:

THE STACK OF BILLS AND SMALL CLAIMS COURT

SMALL CLAIMS STRATEGIES - SETTLEMENT

SUING A TENANT FOR MONEY OWED

TENANT SURRENDERS BUT CONTINUES TO PAY THE RENT

CORRECT USE OF THE PROMISSORY NOTE AND PAST DUE AMOUNTS WORKOUT AGREEMENT

BANKRUPTCY AND THE LANDLORD/TENANT RELATIONSHIP

FLORIDA CONSUMER COLLECTION LAWS AND THE TENANT DEBT DISPUTE

LEASE RENEWALS AND MONEY OWED

DEALING WITH THE CHRONIC LATE PAYER

PARTIAL RENT ACCEPTANCE

THE SKIPPING TENANT

REFUSING ELECTRONIC PAYMENTS

ACCUMULATED UTILITY BILLS LATE CHARGES AND THE TENANT

THE DANGERS OF RENTAL ASSISTANCE FORMS

LETTERS OF PROTECTION

Disaster Issues:

HURRICANES AND TROPICAL STORMS

STORM ISSUES AND THE RESIDENTIAL TENANCY

POST HURRICANE CONSIDERATIONS

COMPUTER DISASTER PREPAREDNESS

Miscellaneous:

IDENTITY THEFT PART 1

INDENTITY THEFT PART 2

STATISTICALLY MEASURING THE RISK OF LEASE DEFAULT

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THE BETTER BUSINESS BUREAU COMPLAINT

Law Offices of Heist, Weisse & Davis
Phone: 1-800-253-8428 Fax: 1-800-367-9038
Serving Florida's Property Managers with offices in Orlando, Clearwater, and Fort Myers Beach, Principal Office


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