LEGAL NEWS - NOVEMBER 2004


 CHECKS TO BEGIN BOUNCING AT A RECORD RATE

Do your tenants ever write you a check before they have cleared funds in the bank? Have you ever “floated” a check? Beginning October 28, 2004 checks will begin to clear at a rate never before seen due to new banking regulations and procedures. The “Check Clearing for the 21st Century Act”, known as “Check 21”, will allow checks to clear within hours rather than days of being presented to the bank. “Check 21” is going to initially result in a massive amount of NSF checks in November of 2004. Property managers need to notify their tenants immediately of this banking change to minimize the resulting mayhem.

Click here for a sample notification to give to your tenants.

 

 NOTICE OF THE MONTH

The “Seven Day Notice of Noncompliance with Opportunity to Cure” is the second most common notice that a property manager uses, and unfortunately is often prepared incorrectly or not given at all. All too often, the property manager writes the tenant a “letter”, hoping for compliance with the lease terms. While this may get the desired results, if it fails, the property manager is faced with a dilemma and a delay, as in most cases, the law only recognizes “notices”. Knowing when and how to prepare and serve a “Seven Day Notice with Opportunity to Cure” is crucial to successful property management.

Click here for more info on the “Seven Day Notice of Non Compliance with Opportunity to Cure".

 

 FORMS AND NOTICES 

Still using the same tired and outdated forms and notices? Forms and notices are the tools of your trade. While they may work sometimes, are they serving all your needs, and will they be upheld in court? Click below to download over 50 forms, notices and the 2004 Florida Statutes which contain important changes that affect how you do business. If you have a great form or notice that works for you, feel free to email this to us to review.

To download over 50 “Forms and Notices”, click here.

 

 THE PERILS OF TENANT BANKRUPTCY

Everything seems to be going along fine, and then you receive a notice from the Bankruptcy Court stating that your tenant has filed a Chapter 7 Bankruptcy. The rent is now due for this month, and you have not heard anything from your tenant. Can you serve him or her a 3-Day Notice?  Can you knock on the door? Can the tenant just sit there forever and not pay? What's next.

For an in depth article on Bankruptcy and the Residential Tenant, click here.

 

 ATTORNEY SPOTLIGHT

Attorney Cathy Lucrezi joined the firm in January of 2003. Ms. Lucrezi brings with her over 17 years of legal experience representing tenants at Florida Rural Legal Services, owning her own law firm and now representing hundreds of landlords and property management companies at the Law Offices of Heist, Weisse and Lucrezi, P.A.

Click here for more info on Cathy Lucrezi.

 

 INDUSTRY LEADER OF THE MONTH

Recognize this person?  Nan Cavarretta has been involved with the multi-family housing industry for 24 years and is the president and owner of The Property Management Education Institute, a company dedicated to training and consulting in the areas of Fair Housing, Marketing, Management Skills, Leadership, Motivation, and Leasing. A Fair Housing instructor since 1990, her course-work has been approved by the U.S. Department of Justice.
 

Email Nan at INFO@TPMEI.COM to schedule a class for your company or association.

 

 UPCOMING EDUCATIONAL EVENTS AND TRADE SHOWS

 

Residential Property Manager Seminars

Multi-Family Seminars

Multi-Family Trade Shows

November 9 - Cape Coral Association of REALTORS.
3 hour CE Class “Residential Landlord/Tenant Law.


November 12 - Key West Association of REALTORS.
3 hour CE Class “Residential Landlord/Tenant Law.


November 17 - Manatee Association of REALTORS.
3 hour CE Class “Residential Landlord/Tenant Law”.

November 16 - Space Coast Apartment Association. 3 hour “Residential Landlord/Tenant Law”.


December 9 - Apartment Association of Greater Orlando.
Specialty Seminar “Landlord/Tenant Law For the Maintenance Technician”

 

November 5 - Space Coast Apartment Association.


November 18 - Bay Area Apartment Association

 


To schedule a seminar for your association, board or company, please email INFO@EVICT.COM with some proposed dates. Click here for detailed seminar and Trade Show Information.

MESSAGE BOARD

Have a burning topic or question?  Want to discuss a legal issue?Afraid to use your real name? Make sure you visit our “Message Board”.

Click here for
the EVICT.COM
Message Board.

 

 November
Legal Holiday Alert

Don't forget to exclude these Legal Holidays when preparing your Three Day Notices in November 2004!

 11 - Veteran's Day

 25, 26 - Thanksgiving

 
 
 
 

USEFUL LINKS:

 








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

Copyright 2004. 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