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, Brian Wolk, David Weisse and Cathy Lucrezi. If a particular topic is of interest to you or your company, email us with your request as we are always looking for more topics to write about.

 

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- Attorneys And Attorneys Fees 

- Disaster Issues
- Eviction Issues
- Application 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

GUIDE TO FLORIDA EVICTION MOTIONS

THE WRIT OF POSSESSION AND THE FULL UNIT

WRONGFUL EVICTIONS

REOPEN FEES 

HOW E-FILING WILL IMPACT YOU

THE RESIDENT IN THE MILITARY AND EVICTIONS 

DISCLOSURE OF ALL FACTS PRIOR TO EVICTION

STOPPING THE EVICTION ACTION

THE WRIT OF POSSESSION 

EVICTIONS AND REPAIR REQUESTS

WHEN A COURT APPEARANCE BECOMES NECESSARY

EVICTION AVOIDANCE TECHNIQUES

UNDERSTANDING CONSTRUCTIVE AND RETALIATORY EVICTIONS

EVICTIONS NOW THAT FILING FEES HAVE EXPLODED

HOLDING OFF ON EVICTING

EVICTIONS AND THE MEDIATION PROCESS

THE BASICS OF THE "UNCONTESTED" TENANT EVICTION - THE TIMELINE

EVICTIONS AND THE RENTED GARAGE

THE WRIT OF POSSESSION

EVICTION AVOIDANCE TECHNIQUES 

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

POWERS AND LIMITATIONS OF POLICE REPORTS

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

SQUATTER OR TENANT

CREDIT REPORTS AND "DISMISSALS"

COURT ETIQUETTE

THE WEAK EVICTION CASE

FAILING TO TELL YOUR ATTORNEY ALL THE FACTS

EVICTIONS AND FLORIDA EVIDENCE LAW

WINNING THE CONTESTED EVICTION ACTION 

RETURNING RENT PRE-EVICTION 

DANGERS AND DIFFICULTIES OF EVICTING SERVICE MEMBERS

 

Application Issues:

 

THE APPLICATION PROCESS - BASICS

COPYING MILITARY ID 

STATISTICALLY MEASURING THE RISK OF LEASE DEFAULT 

SERVICE AND ASSISTANCE ANIMALS

WHEN YOU DON'T ACCEPT SECTION 8

MAKING SENSE OF THE ADVERSE ACTION NOTICE 

USING THE PUBLIC RECORDS WHEN SCREENING

ADVERTISING THE PROPERTY AND DEALING WITH PROSPECTS PART 1 

SEXUAL OFFENDERS AND PREDATORS 

THE FAIR CREDIT REPORTING ACT 

IDENTITY THEFT PART 1

INDENTITY THEFT PART 2

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

PETS AND THE PROPERTY MANAGER

AUTHORIZING THE UNAUTHORIZED PET

DOGS AND INSURANCE

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

RENT AND THE THREE DAY NOTICE

THE ABSOLUTE PROPER 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

WATER DAMAGE PREVENTION

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

RENTER'S INSURANCE AND THE PROPERTY MANAGER 

GUARANTORS AND RENEWALS

LEASE EXTENSION, MONTH TO MONTH OR NEW LEASE

WHO IS THE LANDLORD ON THE LEASE

LEASE CANCELLATIONS BY THE RESIDENT

HOME BASED BUSINESSES 

THE EARLY TERMINATION LAW 

EXECUTION OF CORPORATE LEASE AND GUARANTY AGREEMENTS 

GARAGES, STORAGE UNITS AND PARKING SPACES

RENEWING A LEASE WITH A BALANCE OWED

PROPERLY EXECUTING CORPORATE LEASES AND GUARANTY AGREEMENTS

GUARANTY OF LEASE AGREEMENT

RELEASING YOUR TENANT FROM A LEASE

THE CORPORATION AS A TENANT

UNDERSTANDING RENTERS INSURANCE 

DOES A LEASE TERMINATE WHEN THE PROPERTY SELLS?

LEASE BREAKS DUE TO MEDICAL REASONS

THE POWER OF THE MOLD ADDENDUM

REQUIRING NOTICE PRIOR TO LEASE END

PROBLEMATIC LEASE CLAUSES

LEASE EXECUTION PROCEDURES 

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

KEY RELEASE CONSIDERATIONS 

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 CURABLE NONCOMPLIANCE EXAMINED 

THE CURABLE NONCOMPLIANCE PART 2

THE CURABLE NONCOMPLIANCE - PART 3

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

SECURITY DEPOSIT TRANSFER PROCEDURES

SECURITY DEPOSIT CLAIM PREPARATION FORM BASICS

SECURITY DEPOSITS 

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?

INVESTIGATING THE POTENTIAL NEW ACCOUNT 

THE HOME WARRANTY PROBLEM

SINGLE FAMILY HOME LEGAL Q AND A

EXCLUDING ITEMS IN THE SINGLE FAMILY HOME 

THE OWNER'S OFFICIAL ADDRESS

LAWNS AND LANDSCAPING

THE EARLY TERMINATION LAW AND THE SINGLE FAMILY HOME MANAGER

RESIDENT IMPROVEMENT REPAIRS AND MAINTENANCE

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

THE AGREEMENT TO VACATE 

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

COA/HOA and SERVICE/AMENITY REMOVALS

MANAGING ASSOCIATION OWNED UNITS

THE NEW CONDO/HOA LAW AND THE PROPERTY MANAGER PART 1

THE NEW CONDO/HOA LAWS AND THE PROPERTY MANAGER PART 2

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

ATTORNEY'S FEES AND PROPERTY MANAGEMENT LAW

COMMUNICATING WITH ATTORNEYS 

THE ATTORNEY FEE MULTIPLIER

Liability Avoidance:

TERMINATION FEES - ARE THEY LEGAL?

AVOIDING PRACTICES WHICH MAY GET YOUR COMPANY SUED

AMENITIES AND LIABILITY - NO GOOD DEED GOES UNPUNISHED

SAFE HARBOR OPERATIONS

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

RAISING AND LOWERING THE RENT

COLLECTIONS AND THE PROPERTY MANAGER 

WORTHLESS CHECKS

NSF PAYMENTS - CHECKS DRAWN ON INSUFFICIENT FUNDS

SUING A FORMER RESIDENT 

UNDERSTANDING SMALL CLAIMS COURT

SMALL CLAIMS STRATEGIES - SETTLEMENT

SUING A TENANT FOR MONEY OWED

OBTAINING AND COLLECTING ON A JUDGMENT

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

YOUR RESIDENT'S LEDGER 

THE SKIPPING TENANT

LATE FEES

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

DEALING WITH THE UNIT FIRE PART 1

ON PREMISES ACCIDENTS AND INCIDENTS 

STORM ISSUES AND THE RESIDENTIAL TENANCY

MAINTAINING SAFETY AND FIGHTING CRIME

POST HURRICANE CONSIDERATIONS

COMPUTER DISASTER PREPAREDNESS

Miscellaneous:

 

 


 

ABANDONMENT OF THE PREMISES

RELEASING SERVICEMEMBERS FROM THEIR LEASES

THE POWER OF ATTORNEY

FINDER'S FEE ARRANGEMENTS

THE LANDLORD'S DUTY TO MAINTAIN

RETALIATORY NONRENEWALS

THE BETTER BUSINESS BUREAU COMPLAINT

PROPERLY RESPONDING TO THE RESIDENT 

MISSING THE OBVIOUS

ROOMMATE DISPUTES AND THE PROPERTY MANAGER

DISCOVERY OF A SEXUAL PREDATOR /OFFENDER

WAIVER AND ESTOPPEL

YOUR WORK ORDER POLICY AND THE LAW

AVOIDING ACCEPTANCE OF RENT

THE CENSUS AND THE LANDLORD

TRUSS MARKING RULE

FIGHTING CRIME AT YOUR PROPERTY

DEMAND FOR INSURANCE INFO 

THREE DAY NOTICE SERVING 

THE DIFFERENT NONPAYMENT OF RENT NOTICES
SMOKE DETECTORS - THE NEW 2015 LAW
ENSURING THE RESIDENT RECEIVED NOTICE
MAKING SENSE OF BANKRUPTCY
SATELLITE DISHES AND THE PROPERTY MANAGER
PENALIZING A RESIDENT FOR LACK OF NOTICE
TERMINATION OR INTERRUPTION OF THE RESIDENT'S UTILITY BY THE PROPERTY MANAGER AND OTHER PROHIBITED ACTIONS
ABANDONED ITEMS, BACK TO BASICS
SEVICEMEMBERS TERMINATING THE LEASE
THE INNOCENT REQUEST
JANUARY 1, 2014 LEASE DISCLOSURE
AVOIDING THE ACCIDENTAL RENT ACCEPTANCE
NONCOMPLIANCES AND THE NEW LAW
TRAINING YOUR VENDORS AND MAINTENANCE TECHS
DEPOSITS WHEN ADDING AND SUBTRACTING RESIDENTS FROM THE LEASE
BEDBUGS AND THE MULTIFAMILY MANAGER
DEALING WITH THE DEPUTY AT WRIT EXECUTION
THE NEW LAW AND THE MULTI FAMILY HOME MANAGER
THE NEW LAW AND THE SINGLE FAMILY HOME MANAGER
UNDERSTANDING THE NEW POWER OF ATTORNEY LAW
VENDOR CONTRACTS AND THE PROPERTY MANAGER
20 TRAITS OF TOP PROPERTY MANAGERS
REPLACING APPLIANCES
RESIDENT DEATH REVISITED
ABANDONED PROPERTY AND UNUSUAL ITEMS
DEALING WITH A BLANKET SUBPOENA
ACCESS GATES
RECEIVING THE INITIAL FUNDS
SHOWING THE UNIT
WATER TEMPERATURE AND LIABILITY
RESIDENT'S MAINTENANCE OBLIGATIONS UNDER FLORIDA LAW
PROPERTY MANAGER'S MAINTENANCE OBLIGATIONS UNDER FLORIDA LAW
RESIDENT CONTACT INFORMATION
FICTITIOUS NAMES
RELEASING A RESIDENT
STATISTICAL LEASE SCORING
MOVE-OUT INSPECTION PROCEDURES
TRUSS MARKING RULE
DELIVERY ACCEPTANCE PROCEDURES
SATELLITE DISH INSTALLATION RESTRICTIONS
PRIZE PROMOTIONS
FLORIDA TOWING LAWS AND THE PROPERTY MANAGER
LEASE BREAK BY THE RESIDENT
ACCESS BY THE PROPERTY MANAGER
PROHIBITED PRACTICES UNDER 83.67
ALLOWING ACCESS TO OTHERS
VERBAL MAINTENANCE REQUESTS
ON-SITE RESIDENT TRANSFERS
DENIAL OF ACCESS BY THE RESIDENT
RESIDENT'S REMAINING PERSONAL PROPERTY
UNDERSTANDING THE POWER OF ATTORNEY
PRE ACCESS INSPECTIONS AND THE MOVE IN INSPECTION PROCEDURE
IS THE UNIT OURS YET?
THE RESIDENT IN BANKRUPTCY
CONCESSIONS AND THE PROPERTY MANAGER
APARTMENT LOCATOR SERVICES AND RESIDENT REFERRALS
THE DECEASED TENANT
ONSITE EMPLOYEE RENTALS
REPORTING PROCEDURES FOR RENTAL AGENTS
MILITARY PERSONNEL
THE LANDLORD NONRENEWING THE MONTH TO MONTH TENANCY
ACCESS BY THE LANDLORD
THE DANGERS OF DOING FAVORS FOR RESIDENTS
THE TENANT NONRENEWING THE MONTH TO MONTH TENANCY
FLORIDA SALES AND USE TAX
THE TENANT'S DUTY TO MAINTAIN

Law Offices of Heist, Weisse & Wolk, P.A.
Phone: 1-800-253-8428 Fax: 1-800-367-9038

Serving Florida's Property Managers with main office in Fort Myers Beach. Available by appointment in Orlando and Clearwater


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