📋 TL;DR - Key Takeaways This Month
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The Hidden Pitfall That Can Cost You - This month we're explaining Waiver and Estoppel.
Learn how to avoid ↓
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Join Us in October - HWW Attorneys are the keynote speakers at several events this month!
See all events ↓
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Fair Housing Mythbusters: ESA Denial from Apartments to Dorms.
Read tips ↓
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INDUSTRY UPDATES
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The Hidden Pitfall That Can Cost You
Source: Law Offices of Heist, Weisse & Wolk, PLLC
In the world of property management, actions often speak louder than words, or even what's written in your lease. Two legal concepts, Waiver and Estoppel, are critical for every landlord to understand, as they are common defenses used by tenants to defeat evictions. "Waiver" occurs when you intentionally give up a right, like consistently accepting late rent without charging a late fee. "Estoppel" happens when your conduct leads a tenant to believe something, and they act on that belief. For example, accepting rent after serving a 7-Day Notice for an unauthorized pet can waive your right to evict for that violation. This article explores the common ways managers accidentally undermine their own cases and how to avoid these costly mistakes.
Get the full scoop...
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Industry Leader Spotlight
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Hector Mora-Petras
Community Manager | THE WHITT
RangeWater Real Estate
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Hector Mora-Petras has been passionate about property management since he stepped into the multifamily industry in 2018. He's built a strong track record managing a wide range of communities, focusing on value-add opportunities and top-notch customer service with companies like RADCO, ZRS, and now RangeWater. At RangeWater, Hector previously oversaw one of the company's largest communities before its transition in September 2025. Today, he's bringing his experience and energy to an exciting new lease-up in the Riverview, FL market.
Beyond his day-to-day role, Hector is a familiar face in industry leadership and advocacy. He currently serves as Secretary of the Bay Area Apartment Association, a delegate for the Florida Apartment Association (FAA), and an alternate for the National Apartment Association (NAA). A graduate of the FAA Leadership Lyceum and proud recipient of NAA's inaugural 20 on the Rise, Hector also dedicates time to mentoring new professionals and strengthening the multifamily community. When he's not at work, you'll likely find him traveling with his husband or enjoying time with their two German Shepherds.
Connect with Hector on LinkedIn!
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EVENTS & EDUCATION
JOIN US!
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Osceola Realtors Presents: 6 Hour CE Class - Legal Essentials for Property Management
October 6, 2025
Presented by Attorney Harry Heist. This seminar is tailored for current property managers as well as individuals interested in entering the property management field. It offers valuable insights to help you navigate and avoid legal pitfalls related to landlord-tenant law.
Register here!
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Tampa NARPM: 6 Hour CE Class - Legal Essentials for Property Management
October 16, 2025, The Regent, 6437 Watson Rd, Riverview, FL 33578
Presented by Attorney Bruce "Kirk" Eason. This seminar is tailored for current property managers as well as individuals interested in entering the property management field. It offers valuable insights to help you navigate and avoid legal pitfalls related to landlord-tenant law.
Register here!
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FAA INSPIRE 2025 - Annual Conference & Trade Show
November 5-7, 2025, Disney's Coronado Springs Resort
Stop by and see us at Booth 412 at Inspire 2025, the premier event for multifamily professionals across the state!!
Register here!
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Educational Video: Noncompliances and Rent Acceptance
Source: Law Offices of Heist, Weisse & Wolk
One of the most frequent and fatal mistakes a landlord can make is accepting rent with knowledge of a non-monetary lease violation. Doing so can invalidate your notice and force you to start the eviction process all over again. This essential video explains the danger of accepting rent when dealing with issues like unauthorized pets or occupants and provides clear guidance on the proper procedure to follow to preserve your right to terminate the tenancy.
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PRO TIPS
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Recent Question: My tenant's lease isn't over, they've stopped paying rent, it looks like they're moving out, and the power company just notified me the electricity has been shut off. I'm worried about mold developing in the Florida heat. Can I turn the power on in my name to protect the property?
Source: Concerned client
Yes, you can take measures that preserve the property, and this includes turning the electricity on in your name to prevent issues like mold. However, be aware of a critical point: once you turn the power on, you cannot turn it off again for any reason while the tenancy is ongoing, even if the tenant is not paying rent or reimbursing you. Doing so could be considered a prohibited practice under Florida Statute 83.67, leading to significant penalties. The power must remain on until you have legally recovered possession of the unit.
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Notice of the Month: MANDATORY Flood Disclosure Form
We're running this one again, just in case you missed it last month! Recently enacted SB 948 requires landlords to provide tenants with a flood disclosure. We have prepared a form that mirrors the statutory language that you can use beginning October 1, 2025.
Access the Resources + Forms Now
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Fair Housing Mythbusters: ESA Denial from Apartments to Dorms
Emotional support animals (ESAs) remain one of the most misunderstood areas of fair housing compliance, and myths about them can easily lead to costly mistakes. This article dispels five of the biggest misconceptions—including breed bans, exemptions for college dorms, hypoallergenic requirements, limits on the number of ESAs, and denial after late disclosure—and underscores that the Fair Housing Act applies broadly to all housing types. It emphasizes that housing providers must make reasonable accommodations based on verified need, handle each request individually, and avoid relying on assumptions. By separating fact from fiction, maintaining consistency, and strengthening staff training, property managers and institutions can protect themselves from complaints while fostering inclusive, legally compliant communities.
Find out how...
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How Bad Could It Get: Relocation Payments and Rent Increase Caps
Goleta, California, appears to be on the verge of enacting one of the most aggressive tenant-protection ordinances in the state—an expansion of its existing Chapter 8.19 that goes well beyond California's statewide AB 1482 protections. The new law imposes strict "just cause" requirements for evictions; mandates relocation payments equal to two months' rent (or $8,000, whichever is greater) for no-fault evictions; requires landlords to offer one-year leases and grant tenants a right of first refusal after substantial remodels; and caps post-remodel rent increases at no more than 5% plus inflation or 10% (with landlords needing city approval to exceed that). It also establishes broad anti-harassment rules, heavy penalties—including treble damages and attorneys' fees—for violations, and a detailed appeals process over rent adjustments. Florida landlords can be thankful for the state's strong pre-emption in Chapter 83, which prevents local governments from enacting this kind of sweeping regulation.
Download the ordinance here.
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YOUR QUESTIONS, OUR ANSWERS
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This Month's Top Questions from Property Managers
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Security Deposit Split Between Roommates: Can we return a deposit to just one roommate when they paid it, even though both are on the lease?
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Maintenance Key Left in Door: Our tech accidentally left the key in the tenant's front door. What should we do to protect ourselves legally?
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Out-of-State Security Deposits: Our parent company holds Florida security deposits in a Denver bank. Are we violating Florida law?
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LOWER THE LIABILITY & RELAX!
Source: Law Offices of Heist, Weisse & Wolk
Check out this month's quick tip to lower your liability and get you on the road to relaxing more!
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SERVICES & RESOURCES
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