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LEGAL NEWS - APRIL 2008


PROPERLY EXECUTING A WRIT OF POSSESSION

The day of reckoning has come, and you have a Final Judgment of Possession. You advise your attorney to get the sheriff out to the property to give you possession.  $70.00 is paid, the sheriff serves the Writ of Possession, and you are scheduled to meet the sheriff at the premises to gain possession. Can anything go wrong now? You bet.

Click here for proper Writ Execution techniques and tips.

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IMPORTANCE OF UPDATED CONTACT INFORMATION

A successful property manager is one who knows that she must be able to communicate in order to properly manage property. No problem you say. The file has all the contact information. The problem is that the contact information is old, incorrect or otherwise useless. You now need to track the tenant or owner down, but cannot, resulting in you having to make a risky decision or no decision at all.

Click here to see if your information is up to date.

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DID THE TENANT REALLY SURRENDER THE PREMISES?

A set of keys has been returned by one of your tenants. There are two tenants on the lease, and both have signed the lease. You have not received rent this month. The property is checked, and it appears that the tenants have indeed vacated. Some personal items are left behind, the electricity is off, and mail is strewn on the floor. You take possession, clean out the unit and a tenant on the lease suddenly appears a week later, stating he did not give you possession and is asking you where his belongings are. Do we have a problem?

Click here to see what surrender really means.

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PARTY AND PICTURES QUICK TIP

Big blow out party over the weekend for the third time and you want to take action? Don’t destroy the evidence that we will need for the eviction case or Seven Day Notice of Termination. Pictures of the beer bottles, cigarette butts, empty cups, pizza boxes, trash and broken glass in the breezeway and parking areas will significantly help us convince the judge that there are serious continued unreasonable disturbances by the tenant that warrant termination. We want to prove that the events are not the small, peaceful, quiet gatherings as the tenant will try to portray them.

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THE HOMEOWNER’S OFFICIAL ADDRESS

Your tenant receives a violation notice from Code Enforcement and promptly discards it in the front yard along with the rusty bike, car transmission and old couch. You then find out that the owner is being charged a $250.00 per day penalty. What happened?  Why didn’t the original violation notice go to the owner in Minnesota?

Click here to avoid address issues.

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HOW OUR OFFICE OPERATES

Many people ask us how to “become a client”. It is simple. If you need legal work performed, you simply give us a call or send over your issue by email or fax. You do not need to “sign up” as a client or pay a retainer in most cases if you are a property manager. We never begin legal work until it is discussed with you, you agree to what we are going to do, and you know what the price will be. We realize this sounds odd, but we have an odd type of business, representing a large number of clients in their landlord/tenant law needs on an “as needed” basis. We do not believe in gimmicks, games, processing fees, postage charges, copying charges or any other hidden charges which often will increase your costs. No surprises!

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FORECLOSURE AVOIDANCE

Are you or is someone you know facing foreclosure? Get the knowledge you need to be able to make an educated decision in the foreclosure process without the high costs associated with attorneys. The Deed In Reduction™ & Modification In Lieu™ Programs are designed with a do-it-yourself approach to equip consumers with the tools they need to either tender the deed back to the lender or negotiate a loan modification that creates win-win situations for all parties.

Click here for info on Deed in ReductionTM and Modification in LieuTM by  attorney Kevin Jursinski.

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THE FAIR HOUSING CORNER - “WHAT IS A REFUSAL?”
                          
                                By Cathy L. Lucrezi, Attorney at Law

Everyone understands it is wrong to say “No” because of an applicant’s race, color, religion, sex, national origin, familial status, or handicap.  Fewer people understand that a refusal can take forms other than the straightforward “No”.  A landlord might be engaging in unlawful discrimination without even realizing it.
 

Click here  to understand a "Refusal".
 

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In this issue:

Properly Executing Writ of Possession

Updated Contact Information

Surrender of the Premises

Party and Pictures Quick Tip

Homeowner's Official Address

How Our Office Operates

Foreclosure Avoidance

Fair Housing Corner

 
   

May
Legal Holiday Alert

Don't forget to exclude this Legal Holiday when preparing your Three Day Notices in May 2008!

26 - Memorial Day

 

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Monthly e-newsletter of the
Law Offices of Heist, Weisse & Lucrezi, P.A.

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