Click here to go directly to EVICT.COM


LEGAL NEWS - AUGUST 2006


THE NATIONAL GOVERNMENTAL AFFAIRS ROUNDTABLE -
 A GREAT SUCCESS!
    

Hosted by the Florida Apartment Association and the Apartment Association of Greater Orlando, this year’s National Governmental Roundtable brought together governmental affairs directors and personnel from around the country and leaders from the National Apartment Association to discuss pressing national, state and local issues affecting the multi-family housing industry. The sharing of information, experiences and strategies was incredible, as topics such as the affordable housing crisis, insurance rate increases, sexual offender legislation and landlord-tenant laws were discussed. Next year’s event will be held in Utah, which no governmental affairs director should miss.

Back to Top

THE SPAM FILTER PROBLEM    

Our Monthly Legal Newsletter is increasingly flagged by ISP’s as spam, and then it ends up in your spam folder or cyberspace, even though you used to get it each month. Topics, key words, HTML and the fact that we send this out to a few thousand property managers triggers spam filters. If you stop getting the Newsletter, just go to www.evict.com, as it is always available there for viewing.

Back to Top

NOTICE PREPARATION QUICK TIP! – PUT THAT HIGHLIGHTER AWAY    

Every day our office receives hundreds of faxes of leases and Three-Day notices with areas  that appear to be blacked out or impossible to read. Why? Because you used a highlighter! Fax machines and scanners still have a difficult time reading highlighted text, and so do we. PLEASE do not highlight anything on any documents that you fax.

Back to Top

THE STACK OF BILLS AND SMALL CLAIMS COURT      

You just got served with a summons to appear in Small Claims Court, where your former tenant is demanding a return of the security deposit. You are flabbergasted, as the tenant did a massive amount of damage and you have the bills to prove it. You think you can come into court, show the judge all the bills, and it will be a slam-dunk. Think again! Bills and receipts can only be used to prove that you may have paid a repairperson for doing some work for you. Can they be used to prove the tenant actually damaged the property? NO! 

Click here to see the major limitations of bills and receipts in court and what you need to do.

Back to Top

DO YOU REALLY WANT TO MANAGE THAT HOME?          

A common mistake made by property managers is the failure to ask enough questions of the property owner before agreeing to manage the owner’s property.  Is a significant amount of rent delinquent? Did the property owner agree to offset rent by any tenant repairs? Was the tenant hoping to purchase the property? Has the owner run through a number of property managers before you? These and many more questions must be answered in full before the property manager should consider managing the property, or a major headache could begin immediately.

Click here for some pre-property management owner investigative techniques .

Back to Top

EVICTIONS AND THE RENTED GARAGE          

Many multi-family unit tenants, and in some cases, tenants of condo units, either have a garage included in the tenancy, or can choose to have a garage at a cost in addition to their apartment. The way the lease agreement and garage addendum is worded can have major consequences in the event of an eviction action. Failure to use the proper wording can result in the unpleasant situation in which the tenant is evicted from the apartment, but the property manager is left trying to deal with a garage full of the tenant’s possessions. Can the tenant’s possession be removed at the time of the eviction?

Click here see if your wording will fully accomplish your goals .

Back to Top

THE COMPLETELY UNNECESSARY MISTAKE OF THE MONTH           

The notice is done completely correct, everything is filled out perfectly, and the tenant’s address is not listed on the notice under their names. This makes the notice DEFECTIVE, causing you to waste time and lose money. Take your time and fill out these notices correctly! There is absolutely no excuse here!

Back to Top

THE FAIR HOUSING CORNER - “SPECIAL” LEASE TERMS                                           By Cathy L. Lucrezi, Attorney at Law

The fair housing laws prohibit a landlord from discriminating in the “terms and conditions” of a person’s tenancy due to that person’s handicap.  That means property managers must resist the temptation to include unique clauses in their leases with handicapped residents.
 

Click here to see how an innocent and well meaning clause can get you in hot water.

Back to Top

INDUSTRY LEADER OF THE MONTH - CAREY BRADBURN – Riverstone Residential Group

Carey Bradburn is a twenty year veteran within the multi-family housing industry.  Starting as an on-site property manager for Epoch Management in Orlando in 1982, Carey worked his way up to Regional Manager and later Vice President with Trammell Crow Residential Services.  Carey is currently the Vice President of Acquisitions for Riverstone Residential Group.  After a several year hiatus from The Florida Apartment Association, focusing on kids, family and work responsibilities, Carey dove right in again last year and is currently on the boards for The Apartment Association of Greater Orlando and The Florida Apartment Association.  He also serves as the Region IX legislative representative to the National Apartment Association.  He is a past President of The Apartment Association of Greater Orlando, serving in 1994 and 1995, and past President of the Florida Apartment Association, serving in 1996.  When not working, Carey enjoys playing tennis (he is a real pro!), going to the beach or just spending time with his wife, Marrianne, daughters, Tayler and Alexa, and his son, Carey.  Everyone at The Apartment Association of Greater Orlando and the Florida Apartment Association is glad to have Carey back in the saddle again!
 

Back to Top

In this issue:

Nat'l Government Affairs Roundtable 2006

The Spam Filter Problem

Notice Preparation Quick Tip

Bill and Small Claim Court

Pre-property Management
Acceptance Investigations

Eviction and Rented Garage

Mistake of the Month

Fair Housing Corner

Industry Leader of the Month

 
 

September
Legal Holiday Alert

Don't forget to exclude this Legal Holiday when preparing your Three Day Notices in September 2006!

 4 - Labor Day
22* -
Rosh Hashanah

* Note: The above date may not be a Legal Holiday in your county, but we recommend excluding it anyway.

 
 

Legal News Archive:

October 2004

November 2004

December 2004

January 2005

February 2005

March 2005

April 2005

May 2005

June 2005

July 2005

August 2005

September 2005

October 2005

November 2005

December 2005

January 2006

February 2006

March 2006

April 2006

May 2006

June 2006

July 2006

   
   

USEFUL LINKS:









 
 
 
 
 

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

Copyright 2004-2006. All Rights Reserved.

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