Click here to go directly to EVICT.COM


LEGAL NEWS - SEPTEMBER 2006


ARE YOU JUST TRYING TO GET SUED?      

Ever since the first big class action case hit, we have been advising our clients to stop certain practices which can trigger a major lawsuit. About 50% of them took action. Did you? Still in denial?

Click here  for some simple tips which may keep you from becoming a target.

Back to Top

THE 72-HOUR LEASE RESCISSION LEGEND     

Can a tenant break a signed lease if done within a 72 hour time period? Not under any provisions of Florida or Federal law! Once a lease is signed by ALL parties, and we stress all parties, and witnessed if exceeding a 1 year time period, the document is binding, even if it is to begin sometime in the future. A tenant or a landlord for that matter has no right to break the lease under a right of rescission. Since many tenants are under this common misconception, it never hurts to remind the tenant of the seriousness of lease signing.

Back to Top

THE “PROMISSORY NOTE” AND OR THE “PAST DUE AMOUNTS WORKOUT AGREEMENT”:  WHAT FORM IS CORRECT?     

Your tenant vacates owing you money, but now wants to make payment arrangements. Your tenant currently resides on the premises, is delinquent with the rent, owes you for accumulated late charges and a broken window.  What form do you use? How do you use them?

Click here  to see how and when to utilize these useful forms.

Back to Top

WHAT IS THE TENANT’S “LAST KNOWN ADDRESS”?       

We all know that the Notice of Intention to Impose Claim on Security Deposit must be sent to the tenant’s last known address. What is that address? Their new address that they have given you? The address where they lived before moving into your place? The address of the premises they were renting from you? The answer is quite simple. It is the address that you either know at which they are CURRENTLY living, or if you do not know where they are currently living, it is the address of the premises you leased to them.  If you know of their current address through a source other than the tenant himself or herself, you may consider sending the claim letter to both addresses, the premises you leased and the new address which you believe is current.   There are times when an attorney will write you advising you to send the security deposit or the Notice of Intention to Impose Claim on Security Deposit to the law firm address.  We recommend that you do as instructed in cases like these. 

Back to Top

CAN A TENANT BREAK A LEASE DUE TO MEDICAL ISSUES?           

The short answer is no. Many tenants somehow feel that their failure to perform a lease due to a serious medical issue allows them the privilege of breaking a lease. While there is nothing in Florida law allowing a lease break under these circumstances, what would a county court judge do if faced with the issue? Should the tenant be let out of the lease?

Click here for some info on the Medical Lease Break .

Back to Top

THE COMPLETELY UNNECESSARY MISTAKE OF THE MONTH           

The 3 Day Notice says the following. The tenant is indebted to landlord in the amount of “$825.00 (Eight hundred dollars)”. Well, what is it?  $825 or $800? There is absolutely no need whatsoever to spell out an amount in words. It just creates one more thing that can be done incorrectly, and you would be surprised at how many times this happens. Put the amount due legibly in numbers only, and simplify your life!

Back to Top

IN MEMORIAM            

On August 25, 2006 a Maintenance Tech Carmelo Colon Jr, age 39 was shot and killed by a tenant under eviction leaving behind a wife and 7 children. Our sincere condolences to his family. Please exercise extreme caution when dealing with potentially mentally unstable residents.

Back to Top

THE FAIR HOUSING CORNER - “THE LITTLE HOUSE THAT MAKES A BIG STATEMENT”                                           By Cathy L. Lucrezi, Attorney at Law

What has three sides, a roof, two bars, and tells the whole world you obey the law?  It’s the fair housing logo – the little house with the equal sign inside.  It should be posted in your office and included on your brochures, newsletters, and ads.
 

Click here to see the importance of the “Little House”

Back to Top

INDUSTRY LEADER OF THE MONTH - DOUG CHASICK, “The Apartment Doctor” CPM®, CAPS, CAS, Advanced RAM

Over 30 years ago, Doug began his career as a Resident Manager for a 524-unit apartment property, and has since been responsible for portfolios of over 28,000 apartments, and more than 8 million square feet of commercial, retail and industrial properties, working with such industry giants as Johnstown Properties, R & B Realty Group (Oakwood), The Related Companies and First Capital Companies.  

Doug is now an accomplished speaker and author, with numerous articles published in the Journal of Property Management, UNITS Magazine, The Apartment Professional, Sales & Marketing Magic for Apartment Managers™ and many regional and local property management publications.   

Volunteering is a big part of Doug’s life, and he is a  2 year past President of the Space Coast Apartment Association and has served on the Board of Directors of the National Apartment Association, is past Chairman of the Editorial Advisory Board of UNITS Magazine, past Chairman of the RAM Board of Governors, RAM Life Governor, Trustee of NAHB’s Multifamily Council, Grace Hill Board of Educators, a member of NAREE  and serves on the Editorial Advisory Boards of PROFESSIONAL APARTMENT MANAGEMENT and MANAGING HOUSING LETTER.  

If you are looking for training,  Doug  teaches the NALP, CAM, CAS and CAPS courses for many NAA affiliates along with RAM, Advanced RAM and Certified Leasing Professional (CLP) courses.  Doug is licensed as a Real Estate Broker in Florida and Georgia, certified as an Expert Fair Housing Instructor by the Commonwealth of Virginia, and is an NAA/HUD certified Lead Hazard Awareness Training course Instructor.  When Doug has a free moment, he enjoys spending time at his home on Melbourne Beach with his wife Diane who, as he puts it is a “recovering property manager” now working for Callsource, his yellow lab Chewby and his boats and motorcycles!
 

Back to Top

In this issue:

Trying to Get Sued?

72-Hour Lease
Rescission Legend

What Form is Correct?

Tenant's "Last Known Address"

Lease Break Due to Medical Issues

Mistake of the Month

In Memoriam

Fair Housing Corner

Industry Leader of the Month

 
 

October
Legal Holiday Alert

* There are no Official Legal Holidays in October, but on Yom Kippur, Monday October 2nd many courthouses are closed.

 
 

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

July 2006

August 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