The 72-Hour Rescission Myth
Many tenants and people in general deal with contracts or situations where they can "get out" within a certain time period once they sign all the documents and everything is fully executed. Some tenants think this applies to the lease. It does not. Once all the documents are fully executed, there is a contract. No backing out. No cooling off period. Nothing in the law affords this to the tenant. But wait! There's more. This myth is just the tip of the iceberg.
Did you ever hear a tenant come up with something bizarre and wonder where it came from? Ever hear something weird from a property manager? We have heard it all.
Many property managers have heard some very bizarre things from tenants and sometimes they are based upon truth in laws from other states. Sometimes the property manager who is new or inexperienced will believe some of them as well! Well, this is Florida and Florida law applies! There is a lot of silly stuff out there.
Common Myths and Misconceptions
Here are some common myths and misconceptions that tenants and sometimes landlords have!
- A service animal or ESA can be registered or certified
- Tenants can pay the rent to stop an eviction
- The security deposit is for last month's rent
- A visiting pet is not an unauthorized pet
- Tenants can change their mind within 3 days of signing a lease
- Tenants are allowed to repair and deduct
- Tenants can put rent into their own escrow
- Tenants must be given a reason for nonrenewal
- Tenants can break a lease due to a job transfer
- Tenants can break a lease if the unit is sold
- A tenant can't be evicted if they have children
- Carpets must be replaced after X number of years
- A landlord must repaint between tenants
- If a tenant is evicted the landlord must store their items
- No toothbrush or electricity means a tenant has abandoned
- An eviction will take 6 months!
- If the tenant owes money, you can usually successfully "go after" them and collect
All of the above? WRONG. Dead wrong.
How Do We Cut Down on This Crazy Stuff?
Well, we can try. Taking the time to sit down with the tenants, email them, talk to them and communicate is time well spent. Too much today is online and impersonal. Do we need to go back to the stone age? Of course not, but people still are people no matter what and YOU are the knowledgeable professional.
Online ads, online applications, online lease signings and self showing of properties all contribute to misunderstandings. Using a Tenant's Handbook and an Owner's Handbook is invaluable to making sure everyone is on the same page. Think about creating one now.
Successful property managers in Florida use them! You should as well.
