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2007 FLORIDA LEGISLATIVE UPDATE
- A MIXED BAG
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The Early Termination Bill which would have clearly placed into
Florida Statutes the ability of a landlord to charge a tenant a
set fee upon a tenant’s lease break unfortunately was vetoed by
Governor Crist, after almost unanimous passage by both the
Senate and the House. The Deceased Tenant Bill which streamlines
the process a landlord may take upon a tenant death did pass and
became law. This law clarifies when and how a landlord can take
possession of the rental premises upon a tenant’s death and has
solved a frustrating problem for the landlord.
Click here
for a 2007
Legislative Update on Early Termination and Deceased Tenant.
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TENANT DEATH AND THE NEW
LAW |
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Now that the law has changed on tenant death
and abandonment issues, the process becomes much more
streamlined and workable. No longer will you have units tied up
forever or have high liability issues. Not only has the law
changed but YOUR LEASE MUST BE CHANGED to take advantage
of the new law.
Click here
to
find to find exactly
how the new law on tenant death and abandonment works.
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THE SECURITY DEPOSIT CLAIM AND WHAT THE TENANT OWES YOU |
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You figure out what the tenant owes you and then send out a
Notice of Intention to Impose Claim on Security Deposit. This
determines how much the tenant owes you. Right? Wrong!! All you
are dealing with is the security deposit and the claim on that
particular amount of money. The tenant may owe you more money as
time goes on. The tenant may have skipped, and the unit remains
vacant. But wait - you already told the tenant what he or she
owed. Are you “stuck “ with this?
Click here
to
find out the exact purpose of the Notice of Intention to Impose
Claim on Security Deposit.
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BEDBUGS AND RENTAL HOUSING- THE NEW “MOLD?” |
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Just when you thought it was safe, a new
potentially serious problem is striking rental housing. Bedbugs
are appearing with rapidly growing frequency in apartments and
homes, creating a potentially expensive eradication issue and
spawning a new cottage industry of “bedbug litigation”. Taking
the proper steps now and having a plan of action could save you
a lot of headaches and money in the future. Stay tuned for more
bedbug information to come in next month’s Legal News issue.
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7 DAY NOTICE QUICK TIP -
UNAUTHORIZED GUEST? |
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 Although
we prepare all the 7 Day Notices for our clients for free, many
of you insist on drafting them yourselves. Except for the
unusual lease which requires a true guest to register with the
office, the terminology “unauthorized guest” is usually
misapplied. Use the term “unauthorized occupant” when referring
to an unauthorized resident, and stick to giving the 7 Day
Notice of Noncompliance With
Opportunity to Cure. Do not use “friendly” letters which have no
legal use later and will just require you to start over from
scratch.
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THE “LAST KNOWN ADDRESS” |
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We continually get questions as to the meaning of
the “last known address”. The landlord knows that the Notice of
Intention to Impose Claim on Security Deposit is to be sent
there, but what exactly is it?
Click here
to set the
record straight on the “last known address”.
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SELFSTORAGELEGAL.COM -
Dealing with
Lawsuits |
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It is no secret to Self-Storage operator that
lawsuits are a reality in today’s society, and whether you are
wrong or right, anyone with a couple hundred dollar filing fee
can sue you. Lawsuits are time sensitive and must be taken
seriously. Should your insurance carrier be notified? Should you
settle? Could that lawsuit have been avoided?
Click here
to read
Self Storage Law expert attorney Jeffrey Greenberger’s article
“Dealing
with Lawsuits”
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COMMERCIAL
LAW AND YOU
- Evictions |
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Your
commercial tenant is in default: now what? Eviction may be the
only option. What steps must be taken? How long will the
procedure take? What is the commercial eviction process? Can the
tenant delay the action?
Click here
for your
information on the Commercial Tenant Eviction by commercial law
attorney Kevin
Jursinski.
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THE FAIR HOUSING CORNER -
INDEPENDENT LIVING
By Cathy L. Lucrezi, Attorney at Law |
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We are all headed for it - old age. (Although
it is a long, long, long way off for me.) The prospect of gray
hair is not nearly as scary as the diminishing physical and
mental skills that usually accompany aging. At some point, many
seniors face the question whether they can continue to live
independently. Landlords ask the same question, with a worry
that a frail elderly person might become a danger to herself or
others.
Click here
to see
if you know
the answers.
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INDUSTRY LEADER OF THE MONTH -
Mark C. Ogier, CPM Partner & Executive Vice President |
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Mark Ogier joined
ContraVest in 1995 as the Property Management and Construction
Coordinator, becoming the Director of Property Management in
1997, and Executive Vice President in 2006. He is responsible
for site acquisition, project development, equity relations and
portfolio performance. Ogier has gained valuable insight into
the needs of various ownership structures including REIT’s,
TIC’s, life insurance companies, pension funds and private
investors.
Ogier currently serves
as a delegate to the National Apartment Association (NAA), is an
Officer of the Florida Apartment Association (FAA) and President
Elect for FAA in 2007-08. He is a past President and Executive
Committee member for the Apartment Association of Greater
Orlando and serves as the Legislative Chair for FAA which under
his watch successfully passed legislation in 2007 beneficial to
the apartment industry.
Receiving his Bachelor
of Arts Degree in Economics in 1990 from the University of
Colorado, Ogier as military experience including 4 years of
service in the United States Army as a Field Artillery Officer
and General’s Aide in Germany. He is a Certified Property
Manager (CPM) through the Institute of Real Estate Management (IREM)
and a Licensed Real Estate Salesperson in the State of Florida.
Ogier has a wife
(Robin), a son (Grant, 8), and 2 daughters (Alex, 7 and Abby,
5). His hobbies include spending time with the family, going to
the beach, water and snow skiing, traveling and attending
Florida Gator Games! Civic responsibilities include being a
School Board Member for the Annunciation Catholic Academy. A big
thanks goes out to Ogier for all he does!!
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