TENANT
EVICTIONS -
“The times they
are a changin” |
The
days of filing an eviction and the tenant just packing up and
leaving are over. More tenants than ever are contesting cases.
Occupancy is high, rents are on the rise, and tenants are filing
answers with or without an attorney at a record level. Now is
the time to review your procedures concerning evictions, update
your checklists, and follow them carefully. Over 50% of the
Three Day Notices and Leases we receive when requested to file
an eviction are defective in some way. This is a completely
unnecessary and avoidable waste of time and money.
Click here
for the Three day Notice Checklist and Speedy Eviction Tips.
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SETTLING THE
EVICTION CASE |
“Settlement“
is NOT a bad word. Unfortunately we often think of “settlement”
as having to give up something. This is rarely the case in an
eviction action. In fact, settling an eviction action is often
the smartest route to take. Any seasoned property manager will
tell you how when they file an eviction, they often enter into a
Stipulation with the tenant. Did the property manager give up
anything? Absolutely not. The property manager got the tenant to
pay the rent, attorney’s fees, stipulation fee, accumulated late
charges AND held the threat of an expedited removal process to
the tenant’s head if the tenant fails to follow the stipulation.
We are baffled when a management company says it is “not their
policy” to enter into stipulations, or the property manager
makes no attempt to contact a tenant after an eviction is filed,
only to end up entering into a stipulation on the courthouse
steps and wasting more time and money. Often it is just a
complete misunderstanding of what a stipulation is and what it
can accomplish.
Click here
for
an article
on "Stipulations".
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CHARGING A
TENANT FOR INSUFFICIENT NOTICE |
Are
you still confused? The tenant vacates at the end of the lease
with no notice given. Your lease states that the tenant must pay
a fee to you if they fail to give notice and vacate. You impose
the fee, the tenant disputes, and your attorney says you did it
wrong. Not again. What now? Florida law puts specific
requirements on you if you wish to charge the tenant a “failure
to give notice fee”. The law is confusing and relatively new. Do
you understand the law? Most property managers have no clue
whatsoever on the new requirements and end up charging the
tenant improperly, resulting in the charge appearing on a credit
report and a huge lawsuit 2 years from now. This all can be
avoided with a better understanding of the law.
Click here
to
see how to charge the tenant an “Insufficient Notice Fee”.
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Top |
SECURITY DEPOSIT CLAIM AND
REFUND TIMING
|
Just
about everyone knows that the Notice of Intention to Impose
Claim on Security Deposit must be sent out by certified mail
after the tenant vacates, but when does the tenant have to
receive the refunded money? In 30 Days? 15 Days? 45 Days? Are
you sure?
Click here
for a review of the Notice Timing Issues.
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PRACTICE AND PROCEDURE QUICK
TIP – “A/C FILTERS”
|
You
get the dreaded news from the a/c repair person. The air handler
is so clogged up, the motor has burned out and the bill will be
$1500.00. You are shocked! The tenant was “supposed” to change
the air filters. Yup. The tenant is “supposed” to do a lot of
things. Can this have been avoided? It is our opinion based on
15 years of experience that the property manager or maintenance
staff should change all a/c filters on a regular basis. By doing
so, it enables the property manager to inspect the premises and
prevent a costly repair or replacement to the a/c system.
Unfortunately we do not live in a perfect world, and many
tenants rarely do what they are “supposed” to do. There is no
reason to entrust the health of the a/c system to a tenant.
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LOCAL ISSUES
– Licensing and inspection of rental units
|
The
Florida Apartment Association is diligently working on the
epidemic problem of municipalities and counties imposing onerous
licensing charges and inspection fees on owners of rental units.
On August 14, Gary Scarboro, Government Affairs Director for the
Florida Apartment Association (FAA), Harry Heist, general
council for FAA and Jodi Chase, Lobbyist for FAA, met in
Tallahassee with representatives from the Division of Business
and Professional Regulation, the Florida Association of REALTORS
and the Florida League of Cities to discuss this serious
problem. Please keep an eye on your municipality or county and
notify Gary at
gary@aago.org or Harry at
harry@evict.com the moment you see discussion of or a
movement towards licensing or inspection. There are over 400
municipalities in Florida and 67 counties, so “watchdogs” are a
must. We need your help!
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INDUSTRY LEADER OF THE MONTH
-
MARK DECKER
|

Mark Decker is
a Regional Manager with Northland Investment Corporation, which
is headquartered out of Boston, MA. Northland Investment is a
fully integrated real estate operating company focused on the
acquisition, development, operation and long-term ownership of
multifamily and commercial real estate throughout the United
States.
In Florida,
Mark is responsible for the company’s 7 multifamily communities,
as well as their 5 communities in North Carolina. He began his
property management career in Illinois as a community manager
many years ago after graduating from Western Illinois
University and briefly working in the counseling field with
underprivileged youth. Upon relocating to Florida in 1982 with a
large syndication firm, Mark worked his way up the ranks into
multi-site management and eventually a position as Vice
President. He obtained his Certified Property Manager®
designation in 1993. Mark decided to give back to the industry
that has supported him and began his volunteer work as a board
member with the Apartment Association of Greater Orlando (AAGO)
over 10 years ago. He remembers telling the nominating committee
he had no aspirations to move up the ladder, but soon found
himself on the executive committee of AAGO. In 2000 he served as
their President. Mark is the current President-Elect of the
Florida Apartment Association, which he has served tirelessly
for the past 5 years. He has done volunteer speaking for
different industry groups, has dedicated himself to serving the
industry and looks forward to meeting more of its professionals.
Mark is a firm believer in education and can often be seen in
the educational seminars sitting alongside the property
managers. Mark and his wife of 29 years, Debbie, have 3 grown
children, which they have tried to replace with a 1 year old
Labrador puppy. When he is not revising bylaws for the Florida
Apartment Association, Mark likes to golf, camp and snow ski.
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LEGAL
SEMINAR NEWS
|

On August 18,
2005 the Property Manager’s Council of the Orlando Regional
Realtors Association hosted the first 5-hour Landlord/Tenant Law
seminar coordinated by Jill Boles and taught by attorney Harry
Heist. The seminar was completely sold out with an extensive
waiting list. While Mr. Heist had been teaching the 3-hour CE
class for years, this was the first time that the class was
extended to 5 hours. The amount of material has steadily
increased over the years, and the 5-hour seminar will become the
norm. The next 5 hour class will be held by the Northeast
Florida Association of Residential Property Managers (NEFARPM)
on October 21, 2005 in Jacksonville, Florida. Watch EVICT.COM
for a date in your area.
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THE
FAIR HOUSING CORNER - DO YOU CURFEW?
By Cathy L. Lucrezi, Attorney at Law |
As
a teenager, your parents may have imposed a curfew on you to
make sure you did not get into trouble. If you were out past
your curfew, you knew to expect some form of parental
punishment! Can the same concept be applied to minors who live
at apartment communities? Generally, the answer is no, for two
main reasons.
The primary reason is that a
curfew which is directed at minors is considered a violation of
the federal Fair Housing Law. The curfew is a rule directed
only to the conduct of families with children. It discourages
families with children from living at the apartment community.
The second reason is that a curfew
is a restriction of liberty. Such restrictions of liberty are
prohibited by the U.S. Constitution. The only time curfews are
ok under the constitution is when they are lawfully initiated by
the government. [A good example are the various curfews imposed
by the authorities after the Katrina disaster.] Because an
apartment community is not part of the government, it is hard to
imagine any curfew passing muster under constitutional law.
Often, when an apartment community
is considering creating a curfew, it is due to disturbances
caused by minors on the property. Perhaps a group of
teenagers is “hanging out” in the parking lot at late hours.
Or, some unsupervised toddlers are vandalizing property in the
evening. The solution to the problem is not a curfew.
Instead, the property manager can serve a seven day notice of
noncompliance with opportunity to cure, citing the disturbance
or vandalism or other noncompliant behavior. If illegal
activity is suspected, law enforcement should be called.
Initiating a curfew at the
apartment community is an invitation to a claim of housing
discrimination or violation of civil rights. Avoid that risk by
enforcing your lease terms with the use of notices of
noncompliance.
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