BE SURE TO FOLLOW THE LAW REGARDING

CARBON MONOXIDE (CO)

 

1.   CO Detectors are required if:
   1. The home has a fossil fuel burning heating system or appliance  AND/OR,
   2. Has an attached garage.

 

2.   If a. or b. apply, then the CO detector must be within 10 feet of each room used for sleeping.

 

3.  If you handle any subsidized housing, you should check to see if they have their own special requirements

 

4.  CO detectors are extremely inexpensive, and we recommend that the homes you rent are equipped with them regardless of the heating type or if a garage is attached.  Tenants have died due to the improper use of generators and leaving a vehicle running too close to the home.

 

5. The text of the law is in FS 553.885

“Serving the Property Management Professional”

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PROPER CALCULATION OF DAYS AND DEADLINES IS CRUCIAL WHEN PREPARING AND SERVING NOTICES

 

1.   If a Notice is 5 days OR LESS, you would EXCLUDE Saturdays, Sundays and Court Observed Legal Holidays.

 

2.   A typical 7 Day Notice is 7 STRAIGHT days and includes Saturdays, Sundays and Court Observed Legal Holidays.

 

3.   A typical 3 Day Notice is 3 BUSINESS DAYS not including Saturdays, Sundays or Court Observed Legal Holidays.

 

4.  You never count the day of service.  

 

5.  You can always make the Notice expire LATER than the required date.

 

6.   You can serve Notices on Saturdays, Sundays or Court Observed Legal Holidays BUT, you would not count the day of service or the Saturday, Sunday or Court Observed Legal Holiday.

 

7.  HEIST, WEISSE & WOLK will provide you with the LIST OF COURT OBSERVED LEGAL HOLIDAYS in January of each year when all the courts have decided what holidays to observe.

 

8.  Not all courts observe all the same Legal Holidays or observe them on the same date.

 

9.  A 3 Day Notice will never end on a Saturday, Sunday or Court Observed Legal Holiday.

 

10.  Always check the LIST OF COURT OBSERVED LEGAL HOLIDAYS as it is easy to forget them if you traditionally work on that day.  

 

11. If you serve a Notice with a SHORT DATE, the passage of time will not CURE the Notice.

 

12. If you have any questions, always call us for verification.

 

 

Serving a properly dated and prepared Notice is crucial to a successful legal action. Be 100% sure you prepare and serve the Notice correctly or you will need to start all over from scratch costing you time and money.

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1.   THE TENANT MUST BE GIVEN THE RULES, REGS AND/OR BYLAWS OF THE ASSOCIATION.

 

2.   ANY RULE, REG OR BYLAW THAT PERTAINS TO THE TENANT’S ACTIONS OR INACTIONS MUST BE PROVIDED TO THE TENANT.

 

3.  THE PROPERTY MANAGER SHOULD CREATE AN EASY TO READ AND UNDERSTAND LIST OF RULES, REGS OR BYLAWS THAT THE TENANT MUST ABIDE BY.

 

4.  IF A TENANT FAILS TO ABIDE BY A RULE, REG OR BYLAW, ACTION MUST BE TAKEN IMMEDIATELY. 

 

5.   OUR OFFICE MUST BE CONTACTED IMMEDIATELY FOR PREPARATION OF THE PROPER NOTICE TO BE GIVEN TO THE TENANT.

 

6.  THE ASSOCIATION SHOULD BE NOTIFIED IMMEDIATELY OF THE PROPERTY MANAGER’S ACTIONS AND COPIED WITH THE NOTICE.

 

7.  NO RENT SHOULD BE ACCEPTED FROM THE TENANT UNLESS THE TENANT HAS CURED THE NONCOMPLIANCE.

 

8.  THE PROPERTY MANAGER SHOULD BE IN CLOSE CONTACT WITH THE ASSOCIATION TO CONFIRM THAT THE NONCOMPLIANCE HAS BEEN RECTIFIED.

 

9. ALL ACTIONS AND COMMUNICATION SHOULD BE DONE IN WRITING WITH DOCUMENTATION OF THE VIOLATION, THE NOTICE, THE ACTION THE TENANT HAS OR HAS NOT TAKEN AND ACTION THE PROPERTY MANAGER HAS TAKEN.

 

FAILURE TO PROPERLY HANDLE THE TENANT’S VIOLATION OF THE ASSOCIATION’S RULE, REG OR BYLAW COULD RESULT IN FINES TO THE PROPERTY OWNER, ATTORNEY’S FEES IMPOSED BY THE ASSOCIATION AND LIABILITY ON THE PART OF THE PROPERTY MANAGER.

 

EVEN IF THE PROPERTY MANAGER DOES NOT BELIEVE THE ASSERTIONS OF THE ASSOCIATION, THE PROPERTY MANAGER MUST TAKE ACTION ASAP.

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DEALING WITH THE COMPLAINT BY THE ASSOCIATION ABOUT YOUR TENANT AND TAKING ACTION

 

1.   If the Association tells you or the Landlord that your Tenant is in noncompliance, you must take action.

 

2.   You MUST serve a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE.

 

3.  Do not “side” with the Tenant.

 

4.  You do NOT need PROOF to serve a Tenant with a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE.  

 

5.   Most likely your Tenant is in some violation even if the association is blowing it out of proportion.

 

6.  Delaying the service of a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE  can result in your inability to take legal action once you can prove the noncompliance.

 

7.  The Association has immense power. The Association can fine the Landlord. The Association can cause the Landlord to incur large legal fees.

 

8.  Once you serve your SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE,  be sure to copy the Association ASAP to show you are taking action.

 

9.  A SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE is NOT an eviction notice. It is simply the first step in a legal process that may or may not occur.  You MUST serve your Notice.

 

10. Whether or not an eviction can or will be filed is NOT relevant at this time.  Serve your Notice. You represent the Landlord. Not the Tenant.

 

11. Most of the time when the Property Manager fails to take action, the Landlord loses. This is fact.  The losing Landlord can then sue the Property Manager if the Landlord incurs legal fees or fines from the Association.

 

Do not make the common mistake of not taking the Association’s complaint seriously or delaying because you have no proof. You need to serve your Notice ASAP.  If the Tenant is NOT in noncompliance, then the Tenant, you, and the Landlord have nothing to fear BUT, you MUST serve your Notice.  If it ends up that the Tenant IS in noncompliance, then you are in a position to take action. Do NOT fall into the trap of ignoring an Association because you do not believe your Tenant is in noncompliance.

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IF YOU TAKE A PROPERTY OFF THE MARKET WHILE WAITING FOR THE APPLICANT TO SIGN A LEASE YOU ARE AT RISK.

 

The applicant can delay. You can lose potential applicants.

 

The applicant can end up not signing a lease.

 

1. Always use an Application or a Good Faith/Holding Deposit Agreement that CLEARLY states the applicant will LOSE any funds paid, if, AFTER APPROVAL, they fail to sign the lease by a specific date. 

 

2. If you fail to have something in writing stating that the applicant will forfeit the deposit, you may end up having to return the deposit to the applicant.

 

USE THE PROPER FORMS OR WORDING OR YOU MAY END UP PAYING A BIG PRICE WHEN YOUR APPLICANT CHANGES THEIR MIND.

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1.  Applicants sometimes change their minds AFTER approval.

 

2.  The Property Manager or Owner often wishes to KEEP any deposit funds due to the Applicant’s decision.

 

3.  The Property Manager or Owner can only keep the Applicant’s deposit or other funds if the proper form or wording was used.

 

4.  A GOOD FAITH/HOLDING DEPOSIT agreement or the proper wording in the APPLICATION can achieve this goal.

 

5.  Failure to have something CLEAR in writing stating that the fully approved Applicant LOSES his money after approval will result in the Property Manager or Owner NOT being able to keep the funds.

 

6.  If you are refunding the Applicant, be 100% sure that the funds the Applicant gave you are 100% clear funds OR you could be giving the Applicant GOOD money when they have charged back or stopped payment and now the money they gave you is BAD.

 

HOLDING A PROPERTY OFF THE MARKET FOR AN APPLICANT IS DONE AT THE RISK OF THE PROPERTY MANAGER OR OWNER.  FAILURE TO USE THE PROPER FORM OR WORDING COULD RESULT IN THE APPLICANT GETTING ALL FUNDS PAID BACK.

 

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UNDERSTANDING AIR CONDITIONING IN FLORIDA

 

1.   A/C IS NOT REQUIRED BY LAW IN FLORIDA. HEAT IS REQUIRED.

 

2.   YOU CAN RENT OUT A HOME WITHOUT A/C IF THIS IS CLEARLY STATED IN THE LEASE. THIS IS NOT COMMON OR RECOMMENDED PRACTICE.

 

3.  IF YOU DO NOT CLEARLY STATE IN THE LEASE THAT A/C IS EXCLUDED, YOU WILL HAVE TO MAINTAIN AND REPAIR THE A/C.

 

4.  A/C MUST WORK PROPERLY. YOU SHOULD CHECK WITH THE OWNER PRIOR TO TAKING OVER MANAGEMENT TO SEE IF THE A/C IS ABLE TO COOL THE HOME PROPERLY.

 

5.   IF THE A/C DOES NOT WORK PROPERLY OR MUST RUN 24/7 TO COOL THE HOME, THE TENANT COULD SERVE YOU NOTICE THEY ARE WITHHOLDING RENT OR BREAK THE LEASE IF YOU DO NOT FIX THE A/C SYSTEM QUICKLY.

 

6.  LACK OF A/C COULD BE CONSIDERED AN “EMERGENCY”. DO NOT DELAY IN GETTING THE A/C FIXED.  DO NOT ALLOW “WAITING FOR A PART” TO DELAY A FIX. PAY WHATEVER IT TAKES TO GET THE PART NOW.

 

7. REGULAR MAINTENANCE OF CONDENSATE LINES IS CRUCIAL. FAILURE TO MAINTAIN COULD BE CONSIDERED NEGLIGENCE BY THE PROPERTY MANAGER.

 

8. FAILURE TO CONFIRM BY VISUAL INSPECTION THAT A/C FILTERS HAVE BEEN CHANGED COULD BE CONSIDERED NEGLIGENCE BY THE PROPERTY MANAGER.

 

9.  HAVING A COMPLICATED PROGRAMMABLE THERMOSTAT IS NOT RECOMMENDED FOR RENTALS AND CAN CAUSE SERVICE CALLS.

 

10. PROVING A FILTHY FILTER CAUSED THE FAILURE OF THE AIR HANDLER IS NEARLY IMPOSSIBLE. YOU MUST CONFIRM FILTER CHANGES. THIS IS PART OF PROPERTY MANAGEMENT AND ASSET PROTECTION.

 

AN HVAC SYSTEM IS AN EXPENSIVE AND IMPORTANT PART OF A HOME.  YOU MUST TAKE THE TIME TO MAKE SURE IT IS OPERATING PROPERLY AND IT IS BEING MAINTAINED OR YOU ARE BEING NEGLIGENT IN YOUR PROPERTY MANAGEMENT DUTIES.

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UNDERSTAND THE SERIOUS RISKS WITH ABOVE GROUND POOLS BEFORE EVER ALLOWING ONE

 

1.   Is the pool in compliance with city or county code/ordinances, the HOA and/or Florida law?

 

2.   Are the legally required safety features installed and who will maintain them?

 

3.  Will the Landlord’s insurance cover the pool?

 

4. Has the Landlord’s insurance company been notified and is the pool permitted?

 

5.   Who is responsible for maintaining and repairing:
   1. The pool itself?
   2. The pump and filter?
   3. Electrical to the pump or accessories?
   4. The pool accessories?
   5. The pool liner?
   6. Is the Tenant responsible for removing the pool at the tenancy end and repairing or replacing grass?

 

7. Does the Landlord have the power in the lease to ask the Tenant to remove the pool for any reason?
8. If the pool is to be removed, how many days will the Tenant have to remove the pool?  

 

DO NOT TAKE ABOVE GROUND POOLS LIGHTLY. THERE ARE SERIOUS ISSUES INVOLVED WHICH MUST BE HANDLED AND PUT IN THE LEASE.

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There will inevitably come a time when the resident wishes to be released from the lease, or you desire that the resident vacates the premises, and all the parties are in agreement. This is an ideal situation in property management, as there is no need or desire for litigation, and everyone goes their separate ways. The resident may be the one who wants to be released for a myriad of reasons, such as a job transfer, sickness, and inability to afford the rent, house purchase, problem with the neighbors or anything else. While these may not be legal reasons to break a lease, in certain situations it behooves the manager to agree and release the resident. In other cases, the manager wants the resident to vacate. Possibly there are problems with the resident, behavior issues, the apartment community will be going under a complete rehab project, or maybe the manager of a single family home needs the resident to vacate due to a foreclosure or a sale of the home. Whatever the reason, a release of the resident can and should be accomplished through the use of a written agreement. Never is anything done verbally. Whenever a resident is being released, the manager needs to make sure that the manager is being released as well, and that every single base is covered.

 

Unnecessary Surprises

Surprises are only fun if they are surprise parties, and even then, maybe not! In property management surprises usually end up with one or more angry parties and the potential for litigation. Added to that, the law states that any ambiguity in a document can be construed against the manager, so already the manager has one strike against them. The residents could think that they are going to receive the security deposit back upon vacating, as this is what the owner said, but after they vacate, the manager finds major damage and keeps the deposit. Now we have a problem. The manager may have told the residents that they will receive a particular sum if they vacate and then pays the residents. The residents get the money and do not vacate. These are the typical scenarios that occur when everything is not put in writing in the proper document.

 

Vacating Date

The Release agreement needs to clearly state if the resident has indeed vacated or the date the resident will vacate. If the date that the resident will vacate changes after the Release is signed, this needs to be done in writing with an addendum to the Release signed by all parties. Verbal extensions are what get the manager in trouble every time.

 

Personal Property

If the resident has any of the manager’s personal property such as gate cards, clickers, keys etc, this should all be returned when possession of the premises is granted on the vacating date. When the manager realizes that keys have not been returned or a $50 clicker or garage door opener has not been returned and then charges the resident, sparks fly, and the resident then claims that these items were indeed returned, and a dispute results. Neglecting to make sure everything has been returned immediately causes problems.

 

Damages to the Premises

Unless otherwise agreed to, the manager never wants to give up his right to charge the residents for damages that the resident caused which exceed ordinary wear and tear. If the release does not address this, the manager could end up having to return the entire deposit, even after he discovers that the resident has caused severe damage to the unit. Damages are never fully assessed until the resident has vacated with all personal items having been removed; the manager should not give up his right to these types of charges. Although we do not recommend walkthroughs with the resident at the move out, we don’t want the manager retaining his right to make a claim on the deposit a deal killer for the manager, so good judgment under the particular circumstances needs to be exercised. A resident may not want to sign a release if there is any doubt on the return of the security deposit.

 

Does the Manager Have to Send the Notice of Intention to Impose Claim on Security Deposit?

While the Release may state that the resident receives the full security deposit back minus any damages at move out, or agrees to forfeit the deposit if this is part of the deal, the question remains whether the manager must follow FS 83.49, which provides that the manager must send out a Notice of Intention to Impose Claim on Security Deposit. We recommend that the manager comply with FS 83.49 and send the Notice of Intention to Impose Claim out, if the any of the security deposit is being kept by the manager. We are not sure if the Release can override the law or if the resident can waive FS 83.49, and there is no reason for you become the test case in court.

 

Attorney’s Fees and Costs

The Release should have a statement that all parties are bearing their own attorney’s fees and costs. It is possibly that an attorney was in the picture at some time, and if the manager or resident ended up getting an unexpected bill and then tried to recoup this from the other party, someone is going to be angry.

 

The Release Language

In the body of a typical release lies the legalese where each party agrees to release the other, their agents, employees, manages, owners, assigns etc, etc from all manner of suits or claims in the past, present and future. This is important wording. The goal in the Release is to end it all and have no chance of future litigation or disputes. If the terms and conditions of the Release are followed, it is OVER. That is the PURPOSE of a Release.

 

Who Signs the Release and Who is Released?

ALL residents should sign of course, and the manager or the manager’s agent. Your goal is to accomplish a release of ALL parties involved in the transaction, and this includes a third party manager, the owners, employees and anyone else involved. You do not want a situation in which the resident releases the manager, and the resident then decides to sue the third party manager or an employee who was somehow involved.

 

Who Keeps the Original Release?

Just like the manager keeps the original lease and all the originals in the file, the manager should keep the original Release and give the resident a copy. We are not in favor of duplicate originals being executed, as one or both parties could alter the document, and you will end up in court.

 

Transfer of Money

 

In many Release agreements there is some transfer of money. The manager may be paying the resident extra just to leave, or is returning a last month’s rent or security deposit immediately. The resident may be paying the manager a particular sum as part of the deal. The timing of the money transfer must be clearly spelled out and the form of payment listed, whether it is cash, money order, check or certified check. The resident should never receive a dime unless he is completely out of the premises and has granted you clear possession, which should be confirmed by an inspection.

Questions still? Good. You should never go it alone, even when the deal appears simple. We have seen deals go bad very fast, and it is always advisable to have your attorney take a look at the agreement. Your attorney is trained to see what isn’t in the document.

 

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