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2008
LEGISLATIVE DAYS ARE UPON US! |
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A number of
important bills have been introduced this year in Tallahassee
which affect the rental housing industry. We need as many people
as possible to attend the Florida Apartment Association (FAA)
and the Florida Association of Residential Property Managers (FARPM)
Legislative Days Event. This year, both associations are
attending the same days, April 2 and 3. Mark your calendars
now, register, and attend. Our voices need to be heard in
Tallahassee, and we need as many people to attend as possible.
To register for FAA, go to
FAA. For
FARPM, register at
FARPM.
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THE TENANT
IS BREAKING THE LEASE |
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Your tenant
has just informed you that he is breaking the lease agreement
and moving out. A job transfer, sickness, home purchase or any
other reason may be given. He may call you on the phone and then
inform you in writing, sending you his new address where he
expects you to send the security deposit. Do you ignore the
letter or respond?
Click here
to see how
to deal with the lease breaking tenant.
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SEVEN DAY NOTICES OF TERMINATION |
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 Most
landlords have served or will serve a Seven Day Notice of
Noncompliance with Opportunity to Cure upon the tenant for a
violation of Florida law or the terms and conditions of the
lease, but few will ever have to terminate the tenancy, as the
problem is usually solved or the tenant moves out. What happens
though, when the problem is not solved or the tenant does not
move out? Only a few landlords have ever seen a contested Seven
Day Notice of Termination case in court with the tenant
represented by an attorney, and it is not a pretty sight. Our
recommendation is that the landlord NEVER serve a Notice of
Termination without consulting their lawyer first, and making
sure the case can be won or exploring any non-eviction options
that may be available.
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ARE YOU INSPECTING ENOUGH? |
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Your tenant moves out, and you discover massive
damage that has been going on for months. Your A/C blower motor
burns out because the filter never has been cleaned. You find
serious pet related damage to the carpeting, walls and doors.
There is a severe mold problem in the bathroom caused by the
tenant. Could this damage have been avoided? If you are managing
a single family home, can a property owner hold your company
liable?
Click here
to see if
you have been inspecting enough.
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FORECLOSURE
+ DISCLOSURE |
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Must you tell
the tenant that the property is in foreclosure? Many property
managers are faced with the dilemma. You know the tenant will
be at risk of losing possession of the home, and you sympathize
with the situation. At the same time, you know you have to be
loyal to your owner. What to do?
Click here
to see what
to disclose if there is a foreclosure.
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COPYING ID – IS IT LEGAL? |
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Many landlords are reluctant to copy the tenant’s
identification, due to a fear that this will trigger a Fair
Housing violation. By not having a copy of the identification,
the landlord is at a distinct disadvantage when this
identification is needed later in the tenancy or for collection
purposes. Should the identification be copied? Is it legal?
Click here
for some
info on ID copying.
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COMMERCIAL
LAW AND YOU
- Co-Tenancy Clauses |
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Your
commercial tenant rents in your strip mall with the intention of
getting business due to another current business operating in
the same strip mall. In the lease is a co-tenancy clause. A
co-tenancy clause is a clause put in a lease agreement which
benefits the commercial tenant and identifies the fact that the
lease obligation of the tenants may be modified at the tenant’s
option, in whole or part, as a result of the other commercial
tenants at the strip mall ceasing operations. What happens when
the tenant your tenant depended on being in operation ceases to
do business? How does this clause work?
Click here
for
info on "Co-Tenancy
Clauses"
by attorney Kevin Jursinski.
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THE FAIR HOUSING CORNER -
“LIVE-IN
CAREGIVERS”
By Cathy L. Lucrezi, Attorney at Law |
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 Daily
life for some handicapped individuals requires the assistance of
a caregiver. Sometimes, the caregiver’s services are needed on a
24/7 basis. That may mean something akin to nursing care, or it
can mean more mundane tasks like preparing food and
housekeeping. Regardless of the intensity of the need, the
landlord must allow the caregiver to move in, provided it is
reasonable to do so. Are you ready to handle the disabled
tenant’s request?
Click here
to
get the scoop on Live-in Caregivers.
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