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LAST CHANCE
FOR LEGISLATIVE DAYS!! |
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This is it! If
you are serious about your profession, you will sign up NOW for
Legislative Days in Tallahassee. These 2 days can make a huge
difference in how you operate your business or carry on your
profession. We have extremely important bills this year, and
your support is crucial. The Florida Apartment Association (FAA)
Legislative Days are March 27 and 28, and the Florida
Association of Residential Properties Managers (FARPM) are March
28 and 29.
Click Here to reserve your spot for FAA, or
click here for FARPM.
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PRESERVING
YOUR PHOTOGRAPHIC EVIDENCE
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Most of you
know that we are rabid about documenting the condition of the
unit before, during and after occupancy. It can save you
thousands of dollars and hours of grief. While we absolutely
love videos, digital photos are fine, and we recommend taking
them with high resolution. Don’t simply store them on your
computer and wait for the next power surge or virus. Copy them
onto a CD ASAP, label the CD, and place the CD in a case and
file it. Always have your paper move-in and move-out
documentation as well. Don’t ever substitute. Supplement.
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RELEASING YOUR TENANT FROM THE LEASE
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Your tenant is
doing nothing but complaining, and nothing seems to please:
maintenance complaints, noise complaints, complaints about the
neighbors, complaints about security breaches, or the dreaded
mold complaint. The tenant may be setting you up for a lease
break or getting in a rent withholding posture. How can you
minimize your exposure in court? Can the tenant claim they would
have vacated but did not, as they would be held responsible for
the reminder of the lease? The key here is to offer a no-penalty
lease break to them and say “Good riddance”.
Click here
to
see how to safely offer a lease break.
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ACCEPTING MULTIPLE RENT PAYMENTS FROM
TENANTS
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You
have two tenants on the lease. Each pays you half the rent, or
let’s say, they are supposed to! One decides to not pay, but you
take payment from the other. This happens on multiple occasions.
Have you created a separate tenancy with each tenant, rather
than a joint and several obligation? Quite possibly, and this
can seriously interfere with an eviction action. We recommend
that you insist on one check or money order for payment in full.
Don’t let your guard down, and don’t make exceptions.
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DOES A LEASE
TERMINATE WHEN THE PROPERTY SELLS?
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A common
misconception is that a lease terminates upon a sale of the
rental premises. On the contrary, a lease is the right to “use”
real property for a period of time. Use is one part of the
“bundle of rights”. This right is not taken away from the tenant
upon sale. Does this mean that putting a tenant into a unit will
tie the landlord’s hands? Possibly the landlord will want to
sell the property without a tenant, or a buyer will only buy if
the unit is vacant. A simple lease clause can accomplish the
landlord’s goals and create flexibility.
Click here
to
examine the mechanics of termination on sale.
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SELFSTORAGELEGAL.COM-
Is your Sale Commercially Reasonable?
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Did you know that the majority of tenants in self
storage units fail to purchase insurance, even in light of the
self storage agreement which specifically excludes liability on
the part of the self storage facility for any loss of or damage
to the stored property? Does the tenant understand the dangers
here? Are you encouraging the purchase of the insurance? What
are the procedures?
Click here
to read
Self Storage Law expert attorney Jeffrey Greenberger’s article
“Is your Sale Commercially Reasonable?”
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COMMERCIAL
LAW AND YOU
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Florida’s Commercial Lien Law
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You worked
hard on the deal, got the parties to agree, and the deal
happened. You are supposed to receive your agreed upon
commission, and to your surprise, the party owing you the
commission decides to simply not pay. What do you do? How do you
enforce your commission agreement? Florida’s Commercial Lien Law
to the rescue. Now you have some real protection!
Click here
for an article by commercial law attorney Kevin Jursinski
regarding Florida’s Commercial Lien Law.
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THE FAIR HOUSING CORNER -
MAKING REASONABLE MODIFICATIONS
By Cathy L. Lucrezi, Attorney at Law |
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Grab bars and
ramps are the most common modifications made to a rental unit.
However, modifications required by disabled individuals can be
as varied as the disabilities presented. Lowered sinks, “pocket”
doors, tile, chair lifts, … the list goes on!
Click here
to
find out who
pays and what is required.
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INDUSTRY LEADER OF THE MONTH -
LORI TRAINER |
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Lori Trainer began working in this industry
nearly 18 years ago, starting as a leasing agent at a property
in Orlando. She has been with Concord Management for 15 years,
serving in various roles ranging from Community Director to
Regional Manager over all Lease Ups, and is now the Director of
Customer and Public Relations for Concord operating in 10
different states. Currently serving as the First Vice President
for the Apartment Association of Greater Orlando, Lori has been
involved with the Executive Committee, Board of Directors, and
most notoriously, the Charity Committee at AAGO. Lori’s name is
synonymous with fundraising. Organizing events such as Poker
Tournaments, Jeans Days and Walk-A-Thons, she has raised money
for groups like APAC, the political action committee for the
Florida Apartment Association, and Community Coordinated Care
for Children. These efforts earned her the Volunteer of the Year
Award for FAA in 2002. Over the past two years Lori has raised
almost $200,000! Recently Lori participated in the National
Apartment Association’s Capitol Conference in Washington D.C.,
joining the Florida Delegation. When Lori isn’t handling media
calls or raising money, she enjoys spending time with her
husband and two boys, watching football, playing softball or
sitting on the couch watching SportsCenter. She is indeed an
avid sports fan extraordinaire, and we are proud to have her
part of the Florida Apartment Association and the Apartment
Association of Greater Orlando.
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