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LEGAL NEWS - JULY 2007


HOMETOWN DEMOCRACY?

Sounds like a catchy, homey sort of thing. Let the people have the power to decide on any growth and development by Constitutional Amendment, and Florida will be a better place to live. It all sounds nice, but when you read between the lines, you will see that this concept is seriously flawed. With Florida’s population set to grow dramatically over the next few decades, if this anti-growth amendment to the Florida Constitution passes, the rental housing industry will suffer greatly, and so will you.

Click here for some information on this serious matter by Jeff Rogo, Government Affairs Director of the Florida Apartment Association.

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PREVENTING FLOOD DAMAGE – YOU CANNOT AFFORD NOT TO!

Each year millions of dollars are spent repairing absolutely unnecessary flood damage caused by breaking toilet supply and washing machine water lines. Does your rental unit have the cheap plastic supply lines to the toilet and old rubber hoses to the washer? Think about it. Your entire house is piped in strong metal but then is ironically connected to these hoses that often fail. Simple low cost solutions can save you thousands.

Click here to find out how you can immediately minimize your flood risk.

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CREDIT REPORTS AND “DISMISSALS”           

The public record section of your background check shows two evictions, but states the disposition as “Voluntarily Dismissed”, “Dismissed” or “Dismissed without Prejudice”. This must mean the tenant was not evicted and that it all was just a simple misunderstanding, right? Wrong. Most likely the tenant had an eviction action filed against him and just packed up and left. Many property managers mistakenly interpret the public record information and in fact are dealing with a high risk tenant to whom they should not rent.   

Click here  to find out what “dismissal” means in the credit report context.

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HOLDING OFF ON EVICTING             

If you are managing your own property, you can file an eviction whenever you want after the 3 day Notice has expired. You answer to no one but yourself. When managing for others, it is imperative that you have a procedure in place for determining when to file. Holding off on filing an eviction without owner authorization could result in a property owner suing you or filing a FREC complaint.

Click here  to see how set up your eviction filing procedure.

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THE END OF TENANCY WALKTHROUGH INSPECTION              

The tenant is demanding that she is present when you do the final inspection of the property upon move out. You feel the tenant is entitled to this, and the tenant is persistent. Seems fair enough, but should you oblige?  We say absolutely not.

Click here to see how to handle this tenant demand and why you should never oblige.

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SELFSTORAGELEGAL.COM - Tenant Screening and Privacy Rights

Many Self Storage operators make no attempt whatsoever at screening their tenants. This unscreened tenant who will have access to the premises could break into other units, use a unit for drug manufacturing, stalk your other tenants or store items used for a terrorist plot. You could even be held liable criminally if you rent to tenant who is on the government OFAC list!! Do you screen properly, and if you do, where are you keeping the tenant’s personal information?

 

Click here to read Self Storage Law expert attorney Jeffrey Greenberger’s article “Tenant Screening and Privacy Rights”
 

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COMMERCIAL LAW AND YOU  - Assignments

Your commercial tenant is interested in selling his business or is going out of business and is wishing to assign his lease. Can he do this? Can you stop him? What about subletting when your tenant wishes to sublet all or part of the premises? Do you know the tenant’s and your rights and obligations under the law?

Click here for information on Assignment  by The Commercial Tenant by attorney Kevin Jursinski.  
 

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THE FAIR HOUSING CORNER - ADVERTISING WITHOUT DISCRIMINATING             By Cathy L. Lucrezi, Attorney at Law

Advertising the availability of an apartment has been a challenge ever since the caveman sought a tenant for his spare grotto.  Pictographs may have worked for him, but today’s market demands more from you.  Knowing fair housing law not only assures effective promotion, it avoids inadvertent violations.

Click here to see if you know the answers.
 

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INDUSTRY LEADER OF THE MONTH - Denise Snyder - Emmer Management

Denise joined Emmer Development’s corporate office in June of 1988 as a part-time administrative assistant. Never one to shy from a challenge, she began rising in the company and accepted a position as on-site property manager at one of Emmer’s local communities.

After a brief relocation to Germany in 1998, Denise returned to the Emmer Group and Gainesville in 2001 as Regional Property Manager.  She enjoys the working dynamic of student housing and has added homeowner association management to the company portfolio. A licensed Community Association Manager, Denise oversees Emmer’s properties in North Central Florida, which include single family and multifamily operations in Gainesville and Orlando.

In addition to her responsibilities at Emmer Management Corp, Denise is the immediate past president of the Gainesville Apartment Association (GAA) and serves on the Executive Board. Currently, she is a delegate to the Florida Apartment Association (FAA) and sits on the legislative committee. Always involved in the Gainesville community, Denise assists local charities, such as SAC committee and the Special Olympics, with fundraising.  Also, she is an active member of the Jr. League of Gainesville.

When not dashing off to Emmer’s properties for work, Denise enjoys traveling with friends and family, going to the beach, spending time near the water, and of course, attending Florida football games. Go Gators

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In this issue:

Hometown Democracy

Preventing Flood Damage

Credit Reports & Dismissals

Holding Off On Evicting

Walkthrough Inspection

Self-Storage Units

Commercial Law and You

Fair Housing Corner

Industry Leader of the Month

 
 

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