NEVER TELL A TENANT THAT YOU WILL

“CHECK WITH THE OWNER” WHEN THE TENANT MAKES A REQUEST

 

1.   Many Tenants request things that are unusual and the Property Manager does not know the answer.

 

2.   Telling a Tenant that you will “check with the owner” is a massive mistake.

 

3.   A Tenant should know that YOU are in charge and not the owner.

 

4.   If you do not know the answer to a request, you must simply put the answer off and respond in writing later when you know the answer.

 

5.   If you tell a Tenant you will “check with the owner” this creates an expectation on the Tenant’s part that may be incorrect.  

 

6.  If you fail to get back to the Tenant on the request, often the Tenant will expect a request has been approved or what the Tenant wants is acceptable.

 

7.  If there is a delay with getting back to the Tenant, this can cause an expection that the Tenant’s request is approved.

 

8.  Verbal conversations with a Tenant are a massive mistake and have been the cause of litigation, disputes, wasted time and failed evictions.

 

THE PROPERTY MANAGER SHOULD NEVER IMPLY THAT HE OR SHE HAS TO ANSWER TO OR CHECK WITH A PROPERTY OWNER.  THE PROPERTY MANAGER MUST BE SEEN AS THE AUTHORITY AND THE PERSON WHO MAKES ALL DECISIONS. 

 

THE TENANT SHOULD NOT BE INFORMED OF ANY OF YOUR DISCUSSIONS WITH AN OWNER AND THE PROPERTY MANAGER MUST STRIVE TO HAVE THE OWNER INVOLVED IN AS FEW THINGS AS POSSIBLE.

 

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CAN YOU CHARGE? MAYBE.

 

1.   MANY TENANTS LEAVE AT THE END OF A LEASE OR EXTENSION WITH ZERO NOTICE.

 

2.   MANY LEASES REQUIRE NOTICE AND STATE A PENALTY/FEE.

 

3.  MANY LEASES HAVE A PENALTY/FEE THE TENANT MUST PAY IF THEY DO NOT GIVE THE REQUIRED NOTICE.

 

4.   THE TENANT CAN ONLY BE CHARGED THIS PENALTY/FEE IF:

 

1.  THE LEASE STATES THE NOTICE REQUIREMENT AND THE PENALTY/FEE.

 

2. THE TENANT WAS TOLD IN WRITING IN THE 15 DAY WINDOW BEFORE THE REQUIRED NOTICE PERIOD THAT THEY MUST GIVE NOTICE AND THEY ARE TOLD OF THE PENALTY/FEE.

 

RARELY DOES THE PROPERTY MANAGER FOLLOW THIS LAW SO RARELY IS THE PROPERTY MANAGER ALLOWED TO CHARGE THE FAILURE TO GIVE NOTICE PENALTY/FEE.

 

IT IS THE PROPERTY MANAGER’S JOB TO FOLLOW THE LAW IF THE PROPERTY MANAGER WISHES TO LEGALLY CHARGE A FAILURE TO GIVE NOTICE PENALTY/FEE.  

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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

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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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