Monthly Legal Insights

For Property Managers and Landlords

🏆 Statewide Honors 🏆

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We are incredibly proud and humbled to share that our firm was recently recognized with two major statewide honors for 2026: the Florida State Chapter of NARPM (National Association of Residential Property Managers) “Florida State Affiliate of the Year” Award and the Florida Apartment Association (FAA) “President’s Advocacy Champion” Award.

A heartfelt thank you to Florida NARPM and the FAA for these incredible recognitions, and for their tireless work elevating and protecting the residential rental housing industry across our state. Advocating for, educating, and supporting Florida’s property management professionals is at the core of our practice, and Heist, Weisse & Wolk is honored to stand beside these outstanding organizations.

Congratulations to the Florida State Chapter of NARPM, which received the Chapter of the Year award at the 2026 NARPM Annual Conference at Mandalay Bay in Las Vegas! If you manage residential rentals in Florida, learn more about the chapter and how to get involved at Florida NARPM.

Could it happen to you? A Tenant decides to sue in Small Claims Court using an attorney, the lawsuit is served to the corporate Registered Agent, but somehow, some way, the lawsuit slips through the cracks. If you are like many, sometimes the desk gets “cleaned up” by taking the scattered papers and making a nice, neat pile in the far right hand corner of the desk. Looks great and you feel better. Sound familiar? The problem is that in that neat pile could be time sensitive, important documents, such as that Small Claims Court case that you were served with by the Sheriff or Process Server last week by an in person visit, registered mail or by service to a Registered Agent. Forget to go to Mediation and you could end up with a significant default judgment that may or may not be able to get reversed. Is your organizational technique really working for you? Take official court documents seriously!

Hopefully by now you have come to your senses and are using a “screening company” rather than just obtaining a credit report and doing a criminal background check but is this enough? Do you know if your applicant is or was under eviction? Did they really get foreclosed on? Did they really have to move because of their prior landlord's foreclosure? The public records available to you for free have a wealth of information and you need to know how and when to use them, especially NOW as many screening companies are excluding evictions.

Quick Tip – Using Free Public Records

Self Serve Screening

Click here to learn more and watch the videos — Quick Tip: Using Free Public Records and Self Serve Screening...

You advertise two pools, but only one is completed, the fitness center is being remodeled, and the contractor just disappeared. The property will undergo a major rehab, which will be a noisy mess for about 2 months if you are lucky. The problem is that some Tenants moved in not knowing any of this. Now they want out of the leases, or worse yet, are threatening a lawsuit. You are angry, because these things were “out of your control”. Before you even dream of having an application filled out, many other items must be carefully considered and disclosed to avoid misrepresentations, false advertising or unfulfilled promises. This example is just the tip of the iceberg. Advertising and leasing are all about expectations and being on the same page.

Quick Tip – On-Site Construction and Your Resident

Quick Tip – The Brand New Property in Construction

Click here to learn more and watch these videos — On-Site Construction and Your Resident and The Brand New Property in Construction...

Vacancy is at record high levels and properties are sitting on the market way too long. Is it time to do some upgrades to the properties? Fresh paint? Landscaping? Bathtub refinishing? Countertop or cabinet refinishing? Don’t assume your owners don’t want to spend some money to improve their property. It’s time to ask them. Too many property managers assume that ALL the owners are cheap or frugal while the truth is that some owners WANT to invest a little in their rentals. Competing with brand new luxury apartments is not easy these days, especially with the high level of concessions and move in specials. Never hurts to ask that owner!

Have you tested the temperature of the hot water in your rental units? How about the common areas such as the clubhouse, the pool shower or the bathrooms by the pool? We doubt you have. Did you just install one of those energy efficient, tankless, instant hot water heaters? Great, right? Water is really hot, right? Each year thousands of people are scalded by tap water, and some even die. This was due to the failure of someone to check the temperature of something that almost every resident has: hot water.

Read more and watch the video — Water Temperature Dangers...

You won’t forget Thanksgiving but how about Veterans Day? Veterans Day, November 11, is a legal holiday, so it must be excluded when counting your days for the expiration of the Three Day Notice. Will thousands of property managers forget this again this year? Of course, and they will have to redo the Three Day Notice and lose more money. Stop and look at the Legal Holiday List and stop forgetting legal holidays!

Download Your 2026 Legal Holiday List

After 30 years of the big full day classes, which attorney Kirk Eason has taken over, don’t miss out on the 2 hour ZOOMs for your Association or property management company. 4 different specialty topic classes with CE for a deeper dive. Two hours of fun, education, and resources. Sign up for the next one, Thursday, November 19, now! November’s class at STAR will be the 2 CE “Evictions and Avoidance Techniques”, one of his hottest classes, and quite appropriate right now.

Hosted by Suncoast Tampa Association of Realtors (STAR). Log in to the STAR calendar to register.

Taught by: Attorneys Harry Heist or Kirk Eason

Having trouble getting out of the office for a day? Book a date and time for a 2 hour ZOOM LEGAL CLASS designed for your portfolio or association. Dates are filling fast! Don't let a scheduling conflict hold you back from the education you or your agents need. Have a real estate license? We can get you CE credits!

Email us at info@evict.com to get scheduled...

This Month's Top Property Manager Situations

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