ALLOWING A TENANT TO HAVE A DOG CAN CAUSE A SERIOUS RISK TO THE PROPERTY OWNER AND PROPERTY MANAGER IF THERE IS NO INSURANCE COVERAGE

 

1.  Many Homeowners Insurance policies have a DOG BITE COVERAGE EXCLUSION.

 

2.  Many Property Owners have no idea that their Homeowners Insurance policy has the exclusion but still allow the Tenant to have a dog. 

  

3.   If there is a DOG BITE COVERAGE EXCLUSION, the Property Owner can be sued and not have any coverage whatsoever putting the Property Owner at great risk.

 

4.   The Tenant can be required to purchase separate dog bite liability insurance which may or may not help in a dog bite situation.

 

5.  The Tenant’s dog bite liability insurance coverage must name the Property Owner and the Property Management Company as “additional insured”.

 

6.   The fact that the Tenant may have purchased dog bite liability insurance coverage does NOT mean the Tenant’s attorney will not still sue the Property Owner and/or Property Management Company.

 

7.  If the Property Owner’s Homeowners Insurance has a DOG BITE COVERAGE EXCLUSION, we do not recommend allowing a dog.

 

8.  If the Property Owner is going to allow a dog, we recommend that the Property Owner gets Homeowners Insurance that does not have a DOG BITE COVERAGE EXCLUSION  

 

9.  Before allowing a Tenant to have a dog, the Property Manager MUST see if there is coverage or if there is a DOG BITE COVERAGE EXCLUSION.  

 

 

EXTREME CARE MUST BE TAKEN BEFORE ALLOWING A TENANT TO HAVE A DOG.  TAKE THE TIME TO RESEARCH THE PROPERTY OWNER’S HOMEOWNERS INSURANCE POLICY TO SEE IF THERE IS COVERAGE OR AN EXCLUSION.

 

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FAILING TO DISCLOSE EVERY POSSIBLE CHARGE, FEE, COST ETC. TO AN APPLICANT AND FAILING TO GIVE THE APPLICANT A SAMPLE LEASE CAN BE DEADLY

 

1.   An Applicant MUST know everything they will be charged to become a Tenant and during the tenancy.

 

2.   You CANNOT take any deposit or fee from an Applicant and KEEP it if the Applicant gets approved and fails to sign a lease or fails to move in.

 

3.  FULL disclosure of every charge, fee, deposit amount, rent amount, mandatory resident benefit package etc. MUST be made prior to taking any money form the Applicant if you intend on KEEPING the money if the Tenant gets approved, changes their mind, fails to sign a lease, or fails to move in.

 

4.  An Applicant MUST know exactly what they are getting into.  

 

5.   You should create a CHARGES SHEET that fully discloses everything before any money is accepted from the Applicant.

 

6.  You should be able to prove that the Applicant received the CHARGES SHEET.

 

7.  If your Application, Holding/Good Faith Deposit or any other document states that the Applicant will LOSE any money paid if they get unconditionally approved and/or sign a lease, you MUST be able to prove the Applicant knew every single charge.

 

8.  A SAMPLE LEASE should be provided to the Applicant prior to taking any money from the Applicant.

 

9.  Proper procedure will be to give the Applicant a SAMPLE LEASE and a CHARGES SHEET.

 

10. FAILURE to provide the Applicant with a SAMPLE LEASE and CHARGES SHEET and then attempting to make the Applicant forfeit any money the Applicant has paid if the Applicant gets approved and/or fails to sign a lease is ILLEGAL.

 

11. If an Applicant is approved and you have failed to give the Applicant a SAMPLE LEASE and a CHARGES SHEET, the Applicant can legally back out, refuse to sign the lease and you will have to refund the money paid by the Applicant.

 

Do not make the common mistake of not telling the Applicant all the charges or not providing them a SAMPLE LEASE BEFORE they give you any money.

 

Just because it is common practice to NOT disclose everything at application, be aware that your owner and your company could be charged with bait and switch, false advertising and commission of an unfair and deceptive trade practice that could subject your owner and your company to a lawsuit including but not limited to a Class Action Lawsuit.

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IF YOU KNOW YOUR TENANT IS IN NONCOMPLIANCE BUT YOU CONTINUE TO ACCEPT RENT, YOU MAY TIE YOUR HANDS

 

1.   The moment a Tenant is in noncompliance, you must serve your 7 Day Notice of Noncompliance with Opportunity to Cure.

 

2.   You cannot enforce your lease if you have allowed a noncompliance to continue after you found out about that noncompliance.

 

3.  Once you serve the 7 Day Notice of Noncompliance with Opportunity to Cure, you must CEASE accepting rent as accepting rent creates a WAIVER.

 

4.  You CANNOT allow a tenant to violate the lease, ignore it, take rent and then one day decide you will try to enforce the lease or evict.  

 

5.  The typical examples of property managers allowing a noncompliance and taking rent would be for unauthorized pets, unauthorized occupants and failure to take care of the premises.  There are MANY more examples.

 

Do not think you can let something slide and accept rent, then one day decide to enforce the lease.  It simply does not work.

 

If you accept rent, you are accepting the tenant’s noncompliance and you will be stuck with the noncompliance as long as the tenant resides on the premises.

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SERVE YOUR SEVEN DAY NOTICE TO CURE!

 

1.   YOU DO NOT NEED PROOF TO SERVE A SEVEN DAY NOTICE TO CURE.

 

2.   A SEVEN DAY NOTICE TO CURE IS NOT AN EVICTION NOTICE.

 

3.   A SEVEN DAY NOTICE TO CURE SHOULD ALWAYS BE SERVED IF THE TENANT OR OCCUPANTS ARE ENGAGED IN A CURABLE NONCOMPLIANCE.

 

4.   MOST NONCOMPLIANCES ARE CURABLE.

 

5.   FAILURE TO SERVE YOUR SEVEN DAY NOTICE TO CURE CAN CREATE GREAT LIABILITY TO YOU AND YOUR OWNER AND WASTE TIME.

 

6.  DO NOT ACCEPT RENT IF THE TENANT HAS NOT CURED.

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EXTREME CARE MUST BE TAKEN WHEN

APPROVING A CORPORATE TENANT

 

1.   IF THE REASON GIVEN FOR THE LEASE TO HAVE A CORPORATE TENANT IS FOR “TAX PURPOSES”, THIS IS INCORRECT.  THE IRS DOES NOT CARE WHOSE NAME THE LEASE IS IN WHEN ALLOWING A DEDUCTABLE EXPENSE.

 

2.   LEASING IN A CORPORATE NAME PROTECTS THE OWNERS OF THE CORPORATION AND OCCUPANTS AND PROVIDES NO PROTECTION FOR THE LANDLORD.

 

3.  IF THE TENANT IS A CORPORATION, THE OCCUPANTS MUST BE CLEARLY LISTED.

 

4.  IF CRIMINAL BACKGROUND CHECKS ARE NOT DONE ON THE OCCUPANTS, THEN THE LANDLORD OR PROPERTY MANAGER IS TREATING THESE PEOPLE DIFFERENTLY THAN TYPICAL INDIVIDUAL TENANTS AND COULD BE SUBJECT TO A FAIR HOUSING VIOLATION CLAIM.

 

5.  THE CORPORATION NEEDS TO BE INVESTIGATED FOR THE CORRECT NAME AND THE PERSON SIGNING FOR THE CORPORATION MUST BE AUTHORIZED.

 

6.  THE CORPORATION’S STATUS MUST BE UP TO DATE, ACTIVE AND THE ANNUAL REPORT FILED.

 

7.  IF THE CORPORATION IS OUT OF STATE, THIS WILL CAUSE FURTHER EVICTION DELAYS AND COMPLICATIONS.

 

8.  IF AN OFFICER OF THE CORPORATION WILL NOT SIGN IN THEIR INDIVIDUAL CAPACITY, THIS IS A MAJOR RED FLAG. 

 

9.  ONLY IN LIMITED CIRCUMSTANCES SHOULD A RESIDENTIAL LEASE EVER HAVE A CORPORATE TENANT.

 

10. AN EXAMPLE OF A “SAFER” CORPORATE TENANT WOULD BE A LOCAL HOSPITAL WANTING TO RENT A HOME FOR A DOCTOR.

 

11.  IN THE EVENT OF AN EVICTION, THE CORPORATE TENANT MUST BE EVICTED AND THIS WILL COMPLICATE THE EVICTION CAUSING EXPENSE AND DELAYS.

 

BE VERY CAREFUL AND WARY OF THE REQUEST TO EVER HAVE A CORPORATE TENANT.  THE LANDLORD MUST BE ADVISED OF THE DANGERS AND ACCEPT THOSE DANGERS OR THE PROPERTY MANAGEMENT COMPANY COULD BE HELD LIABLE FOR THE COMPLICATIONS THAT MAY OCCUR IN THE EVENT THE CORPORATE TENANT DEFAULTS.

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FED UP AND WANT TO EVICT?  HANG ON.

 

1.   MANY TENANTS BECOME CHRONIC LATE OR PARTIAL RENT PAYERS.

 

2.   THE PROPERTY MANGER BECOMES A CHRONIC LATE OR PARTIAL RENT ACCEPTOR.

 

3.  ACCEPTANCE OF LATE OR PARTIAL PAYMENTS CAN CREATE A WAIVER SITUATION WHERE YOU MAY NOT BE ABLE TO EVICT RIGHT AWAY.

 

4. THE TENANT CAN CLAIM THAT YOUR ACCEPTANCE OF LATE OR PARTIAL RENT OVER AND OVER “CHANGED” THE TERMS OF THE LEASE.

 

5.   OVERCOMING THE “WAIVER” TAKES A LITTLE TIME AND THE USE OF THE PROPER FORM.

 

6.  THE PROPER FORM IS THE LATE OR PARTIAL RENT PAYMENT POLICY, WARNING AND NOTIFICATION

 

7. SERVE THE FORM AT LEAST 2 WEEKS PRIOR TO THE BEGINNING OF THE NEXT MONTHLY RENTAL PERIOD.

 

8.  SERVING THE FORM WILL HELP YOU OVERCOME THE “WAIVER” SITUATION THAT YOU MAY HAVE CAUSED BY ACCEPTING LATE OR PARTIAL PAYMENTS.

 

9.   WHEN YOU THEN SERVE YOUR THREE DAY NOTICE, YOU WILL HAVE A BETTER CHANCE OF OVERCOMING THE WAIVER ISSUE.

 

REMEMBER THAT A TENANT PAYING LATE OR PARTIAL RENT IS NOT LOOKED UPON AS “BAD” BY A JUDGE.RATHER, THE JUDGE WILL LOOK AT THE PROPERTY MANAGER AS NOT ENFORCING THE TERMS OF THE LEASE THUS GIVING THE TENANT A BREAK.

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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.

“Serving the Property Management Professional”

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