Monthly Legal Insights

For Property Managers and Landlords

In Memory of

Holli Noel-DePold We are saddened by the passing of Holli Noel-DePold, Executive Director of the Southwest Florida Apartment Association. Holli brought a warm smile, energy, dedication, and a genuine spirit of service to her work, helping connect and support the people who make up our industry. Her willingness to help others extended beyond SWFAA through her volunteer involvement within the community. We extend our heartfelt condolences to her husband, Mike, her family and friends, the entire SWFAA community, and the greater FAA community. We remember Holli with gratitude for her contributions and the example of service she leaves behind. She is deeply missed.

Stopping the Writ of Possession because you think the Tenant has vacated is usually a bad idea and a complete waste of the money you spent with the sheriff for getting the job done. Always execute the Writ of Possession completely once it has been issued. You paid for it; now get your money's worth. Most importantly is to have the sheriff's deputy completely walk the unit by him or herself prior to you taking possession. Tenant is gone? Hang on there and read this article.

Click here to find out how to deal with the sheriff's deputy who wants you to cancel and watch the video — Executing the Writ of Possession...

You proudly have a beautiful, expensive access gate on the property that is prominently displayed in all your advertisements and photos. The problem is that it keeps breaking. The last time it broke, four cars got broken into, and two irate Tenants want to break their leases. Can they? Access gates are an AMENITY that can end up causing serious headaches, as they can and will fail. How you initially deal with your Tenant and the addendum you use can have a profound impact on your liability and sanity.

Click here to see how to keep your access gate a valuable amenity and not a burden and watch the video — Access Gates and Liability Reduction...

Most Landlords are very familiar with dealing with noncompliances by a Tenant. Since most noncompliances are of a curable nature, a Seven Day Notice of Noncompliance with Opportunity to Cure is given, and if the noncompliance continues after 7 days and at any time within 12 months of the notice, further steps can be taken, including possible termination. Some noncompliances are such that no opportunity to cure needs to be given to the Tenant, and the Landlord can go straight to termination. These situations are relatively rare, and extreme care must be taken when going straight to termination. Trying to terminate without the opportunity to cure in the wrong situation can result in a lost case and an attorney fee judgment against the Landlord.

Click here to learn more and watch the video — The Seven Day Notice of Termination...

You recently took over a home or an apartment community to manage. You did not receive any complaints from the Tenants about electrical issues, but one day a Tenant is electrocuted when she grabbed the hair dryer which fell into the full sink. Your Tenant brought a stand-up light by the pool area, the dog tripped over it, the light fell into the pool, and the Tenant was electrocuted. Could this all have been prevented? Are you potentially liable for the failure of a house or apartment to have properly working GFI/GFCI Outlets or breakers? Most likely you are, and the liability to the property management company, manager and/or owner is huge. Speak to your electrician today, and have your properties inspected before it is too late. You will find many units not in compliance with current code, and this should be rectified immediately. Just because an outlet works does not mean a safer approach cannot be taken.

A critical new Florida law empowering landlords and property managers against fraudulent rental applications, fake pay stubs, and stolen identities. Implement our recommended 3-part applicant warning system to protect your properties.

Download the Printable Warning Sign (PDF)

Get the 3-part warning system and learn how to get the word out...

In property management, attorney's fees play a unique role in the process, and this role needs to be understood COMPLETELY. In most typical non-Landlord/Tenant related legal disputes, each party, the plaintiff and the defendant, may hire an attorney and must bear the expense of their attorney, win or lose. A typical example would be a car accident case or a defaulted loan. All parties generally have to bear their own attorney's fees and the law does not provide that the loser must pay the winner's attorney's fees. In Landlord/Tenant law, things are WAY different and MUST be understood.

Read more here as it changes everything! Watch the video — Understanding Attorney's Fees in Landlord Tenant Law...

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...

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