Click here to go directly to EVICT.COM


LEGAL NEWS - JULY 2006


THE FLORIDA APARTMENT ASSOCIATION ANNUAL CONVENTION AND TRADE SHOW IS COMING!! – HAVE YOU REGISTERED?    

On August 23, 24 and 25, the Florida Apartment Association will be presenting the Education Conference & Trade Show at the Omni Orlando Resort at Champions Gate, a brand new first rate location near Orlando. This year, as always, will be jam packed with great speakers, training events, a huge trade show, and a golf tournament to benefit APAC, the Apartment Political Action Committee. Each year this event gets larger and better! It is a great time for all to learn from the best, network among the leaders in the multi-family housing industry, and have a great time.

Click here for more information.

Back to Top

SERVING NOTICES – ARE WITNESSES NECESSARY?    

You file an eviction, and the tenant denies receiving the Three-Day Notice. It just so happened that you serve the notice by yourself with no witnesses, so the judge will have to decide who to believe: you, or the tenant who can lie more convincingly than you can tell the truth. While witnesses are not necessary, they sometimes may be crucial to your case.

Click here to make an educated decision on whether you should serve notices with a witness.

Back to Top

SECURITY DEPOSIT TRANSFERS – DO WE NEED THE TENANT’S PERMISSION?      

An owner fires you and wants to manage the property himself or hire another management company. A property sells, and a new owner is demanding that you send him the security deposit and last month’s rent. Do you need permission from the tenant? It all depends on the circumstances, and Florida law has the answers.

Click here to see how you to properly deal with escrow funds when the situation changes .

Back to Top

TRAINING YOUR PROPERTY OWNERS     

Your owner flies into town for a vacation and decides to take a look at his rental property. Besides being mortified that it does not look like it did when he bought it 20 years ago, he sees the tenant mowing the grass, and they chat it up. The owner takes to the tenant, and they start talking about maybe selling the property to the tenant, painting, extending the lease, putting in new carpet; the list goes on and on. Two months later the tenant does not pay the rent, claiming the owner agreed to let him paint and was to reimburse him for the paint along with a rent discount.  This is news to you.  The owner says it is partly true, and NOW you have a problem. When this goes to court, there is a high chance the owner will need to fly down and testify.

Click here to see how to train your owners to stay away from the tenant.

Back to Top

GIVING AN APPLICANT KEYS TO LOOK AT A PROPERTY         

Every so often a landlord attends a class, reads a book on property management or goes to a convention where he or she hears novel tips and tricks to property management from other landlords. Unfortunately what has worked well for one landlord may end up a nightmare or legal liability for another. One such “novel” idea is the practice of giving prospective tenants the keys and the address of the rental property so they can look at it on their own. While this may sound like a great time saving measure, we have dealt with situations where the prospective tenant never returned with the keys, but rather moved into the property! Law enforcement will do nothing, and now you have a messy eviction on your hands, not to mention a possible lawsuit against you by the property owner. Our recommendation? Never allow a prospective tenant to view a property, unless you are there and in possession of the keys at all times.

Back to Top

THE FAIR HOUSING CORNER - WHEN A SPECIAL IS NOT SO SPECIAL….                                           By Cathy L. Lucrezi, Attorney at Law

It’s a competitive world out there.  You have to attract people to your product in order to close a deal.  In housing, that often means move-in specials and special concessions.  Be sure that your enticement is not an invitation to a fair housing complaint.
 

Click here to see how a “special” can result in a Fair Housing Complaint.

Back to Top

INDUSTRY LEADER OF THE MONTH - PHILLIP PATTISHALL

A Jacksonville, FL native, Phillip began in the multi-family housing industry in 1999 after pursuing a career with ARD Distributors, the exclusive Florida distributor of quality lines of appliances, gas grills, room air conditioners and package terminal units. Phillip is perhaps best known for his outgoing personality and generous spirit.  He serves on the boards of the Florida Apartment Association (FAA), First Coast Apartment Association (FCAA) and Gainesville Apartment Association (GAA). Additionally, he is currently the President of the FAA Product Service Council and was appointed to the Construction Trades Qualifying Board in Jacksonville after being instrumental in the formation of the Property Maintenance Craftsman (PMC) license, a pioneering and pacesetting movement for Jacksonville. This license finally allowed maintenance persons to legally do work (under most circumstances) on apartment communities without fear of fines.

When Phillip isn’t working, serving on a board, or doing various things for his customers, he enjoys his family, traveling, cars, and working around the house. “Having a girlfriend who also works in the apartment industry is great too ….” says Phillip. “It would be hard for many people to understand all the hours this puts on your schedule – so it works out perfectly!”  Phillip is always there for the multi-family housing professional.

Back to Top

In this issue:

FAA Annual Convention

Are Witnesses Necessary?

Security Deposit Transfers

Training The Property Owners

Giving an Applicant Keys

Fair Housing Corner

Industry Leader of the Month

 
 
 

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

   
   

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