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LEGAL NEWS - FEBRUARY 2006


SIGN UP NOW FOR LEGISLATIVE DAY 2006 – IMPORTANT BILLS UP THIS YEAR! 

It is that time again for our annual trips to Tallahassee to attend the Legislative Day Programs. This year is extremely important, as we have specific bills that we are supporting and opposing that directly impact the property manager and landlord. The Florida Apartment Association Legislative Days are scheduled for March 28/29, and the Florida Association of Residential Property Managers (FARPM) days are scheduled for March 29/30.  Bills pertaining to sexual offender rentals and criminal liability to property managers, the ability to legally charge liquidated damages to tenants who breach their lease and a mold remediator/inspector certification bill are currently hot and important bills this year.

Click here for
FAA Legislative Day Info 
Click here for FARPM Legislative Day Info

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THE DANGERS OF ACCEPTING PREPAID RENT

The tenant wants to prepay rent for the next 3 months or even for the entire term of the lease. Sounds great. You are not accustomed to this, but maybe it is a good idea?  No Three-Day Notices to worry about, right? But danger lurks just around the corner.

Click here to see if accepting prepaid rent is REALLY a good idea

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RETURNING RENT AFTER AN EVICTION HAS BEGUN   

The tenant is under eviction and drops a rent payment off to your office or places it in the overnight drop box. You know that accepting rent in the midst of an eviction will almost certainly kill the eviction. How do you return this money to the tenant? Suppose the tenant refuses to accept the return of the money?

Click here to see how to return rent

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CHECK SCAM ALERT  

A scam has been occurring, in which a lease applicant tenders a check to the property manager, either in person or by mail, then within a few days changes his mind and asks for a refund. The landlord, already having deposited the applicant’s check, agrees and writes a check out to the individual, who promptly goes to the bank on which the check is written or a check cashing establishment and cashes the check. A week later, you find out that the check you received from the now long gone applicant bounces. YOU LOSE.

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SQUATTER ON THE PROPERTY? – CAN’T WE CALL THE POLICE?  

Your tenant move out and you decide to check out the condition of the property. “Robert” answers the door and says he is living there with the permission of the former tenant.  Surprised and angry, you call the police, and they respond, “It is a civil matter, you will need to evict the person.”  But wait! Isn’t this person a trespasser or squatter?

 

Click here to get the scoop on “Robert’s” status and the steps you need to take

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OUR SPECIAL HEROES!!   

Smoking is bad for your health, right? Well on February 19 it saved a life! While taking a smoke break, Elaine noticed a man lying on the ground outside the office unconscious and with no pulse.  Elaine and Sue jumped into action, administered CPR and mouth to mouth resuscitation, while Silke found the gentlemen’s wife and helped with crowd control. The paramedics arrived with a defibrillator and immediately got to work. The gentleman’s life was saved! Neil and Lori MacCormick of Minnesota visited the office after being released from the hospital, and Elaine and Sue received a heroism reward from the Fire Department. Great work and a big thanks to Elaine, Sue and Silke.

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INDUSTRY LEADER OF THE MONTH - SUZANNE G. LOVELACE , CAM, NALP

Suzanne Lovelace is a twenty-one year veteran of real estate related industry and multifamily property management. Her market experience spans the Eastern United States, and involvement includes operations oversight, development, acquisition, disposition and apartment conversion to condominium.  Ms. Lovelace works with Kolter Communities as its Vice President of Multifamily Housing. Ms. Lovelace holds a North Carolina Real Estate Broker License, serves on the National Apartment Association’s Executive Board, and holds a position on the Florida Apartment Association’s Board of Directors.  She has previously served on the Board of Directors of the South East Florida Apartment Association, the Apartment Association of North Carolina, as President of the Triangle Apartment Association in Raleigh, N.C., and in executive office of the Rental Housing Association of Boston.  Ms. Lovelace has held multiple National Apartment Association leadership roles over the past decade and currently serves as its Chairman-Elect of the Board of Directors. Suzanne continues to work tirelessly with the National Apartment Association, and it is a great honor and privilege to have her as an important part of the Florida Apartment Association.

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THE FAIR HOUSING CORNER - TO RENEW OR NON-RENEW? THAT IS THE QUESTION…                             By Cathy L. Lucrezi, Attorney at Law

Do you need a reason to non-renew a tenant? No, but you should have one nonetheless. Documenting your reasons for non-renewal can act as a shield if a tenant later claims that unlawful discrimination was motivating the nonrenewal decision.
 

Click here to read about Non-Renewal and Fair Housing.

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In this issue:

Legislative Day 2006

Accepting Prepaid Rent

Returning Rent after Eviction

Check Scam Alert

Squatter on the Property

Our Special Heroes

Industry Leader of the Month

Fair Housing Corner

 
 

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

   
   

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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