IF THERE IS A FIREPLACE PRESENT IN A RENTAL PROPERTY, THIS MUST BE ADDRESSED WITH THE TENANT IN WRITING

 

1.  Many homes in Florida have a gas or wood fireplace that may or may not have ever been used, is fully functional or is totally non functional.

 

2.  A tenant is 100% allowed to use a fireplace unless use is specifically prohibited by the Lease. 

  

3.   The Property Owner must be asked about the fireplace so the Property Manager can take further steps.

 

4.  Fireplaces that have not been used for extended periods of time may have defects which could create dangers.  The fireplace may be cracked, the flu obstructed by objects such as nests or the flu cracked or damaged.  If gas fired, further dangers can exist.

 

5.  The Property Owner or Manager may have an expectation that the fireplace will not be used or the Tenant may state that they will not use it.

 

6.   The proper or improper use of a defective or fully working fireplace can cause fire, smoke damage, structural damage and personal injury or death.

 

7.  If the use of the fireplace is not permitted, this must be clear in the Lease.

 

8.  If the use of the fireplace is permitted, this must be clear in the lease and the rules and instructions for proper and safe operation must be given to the Tenant along with an acknowledgment of receipt.

 

9.  If the use of the fireplace is permitted, the lease must address whose responsibility it may be for professional chimney cleaning, maintenance, repair and if gas fired who is responsible for the gas.  

 

A GAS OR WOOD FIREPLACE CAN CAUSE SERIOUS DAMAGES TO THE PREMISES AND CAN RESULT IN SERIOUS PERSONAL INJURY IF DEFECTIVE OR USED BY A TENANT WITHOUT ANY PRIOR FIREPLACE KNOWLEDGE OR EXPERIENCE.

 

WHEN ACCEPTING A PROPERTY FOR MANAGEMENT, IF THERE IS A FIREPLACE PRESENT, IT IS CRUCIAL FOR THE PROPERTY MANAGER TO ADDRESS ALL FIREPLACE RELATED ISSUES WITH THE PROPERTY OWNER AND THE TENANT IN WRITING OR THERE CAN BE AN UNEXPECTED DISASTER OR EXPENSE.

 

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UNDERSTANDING FIRE EXTINGUISHERS

 

1.   Fire Extinguishers are not required by state law in annual rentals.

 

2.   Fire Extinguishers may be required by local codes, ordinances or an association rule/regulation.

 

3.  The Property Manager must check with the local Fire Marshall, the city and county and association to verify if Fire Extinguishers are required.

 

4.  Our office recommends that all Tenants are provided with a working Type A, B and C Fire Extinguisher for safety even in the absence of any local ordinances or association requirement.     

 

If you provide a Fire Extinguisher, be sure to document this at move in, move out and during your midyear inspections. Take a photo of the gauge and the pin retainer.  Often Fire Extinguishers are tampered with by children.  If you expect to charge the Tenant for tampering or misuse, you must be able to prove that it was discharged in full or part by the Tenant or occupants.

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1.   There is no such thing as a REGISTRATION or CERTIFICATION of an ESA or SERVICE ANIMAL.

 

2.   If a tenant or applicant gives you a REGISTRATION or CERTIFICATION document, this means they simply bought it online. It has no legal meaning.

 

3.  There is no such thing as an ESA or SERVICE ANIMAL “REGISTRY”.

 

4.  The only thing that matters is the proof you get from a healthcare professional stating that the applicant or Tenant needs an ESA or SERVICE ANIMAL for their disability.

 

5.   An ESA can be any type of animal and the tenant can have multiple ones.

 

6.  A SERVICE ANIMAL is generally a dog that provides a specific service to the applicant or Tenant.

 

7.   You cannot charge a pet fee, pet deposit or pet rent for an ESA or a SERVICE ANIMAL.

 

8.  The weight or breed of an animal will not impact it’s ability to be considered an ESA or SERVICE ANIMAL.

 

9.   The ADA (American’s With Disabilities Act) has nothing to do with an ESA or SERVICE ANIMAL in housing.  The FHA (Fair Housing Act) applies. 

 

10. Heist, Weisse & Wolk cannot and will not give you a legal opinion on the validity of an ESA or SERVICE ANIMAL.  Only you can make that decision.  

 

11. Some companies use www.petscreening.com to make the call on the validuty of an ESA or SERVICE ANIMAL but the determination by that company is not 100% accurate.

 

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A PROPERTY OWNER MUST UNDERSTAND THEIR LIABILITY IN THE EVENT THE TENANT IS ALLOWED TO HAVE A DOG.

1.   The OWNER is liable for any injuries to persons on or near the premises due to the TENANT’s dog biting or causing any other injury.

 

2.  It is not possible to shift this liability to the TENANT using a lease addendum or lease clause. 

 

3.   Many insurance companies will not cover injuries to the TENANT or others due to a dog and will exclude coverage in the OWNER’s insurance policy.

 

4.   Some insurance companies prohibit some or all dogs and in the event it is discovered by an insurance company that a dog is living on the premises, the OWNER’s insurance could be cancelled.

 

5.  An attempt in the lease or an addendum at having a TENANT hold the OWNER harmless for any dog bite or injury due to a dog will have no legal relevance.

 

6.  Any attempt at having the TENANT indemnify the OWNER for injuries due to a dog is basically worthless.   

 

7.  There are some insurance products that a TENANT can be required to purchase which purport to be coverage for dog bites or injuries but ultimately the OWNER is responsible.   The insurance purchased by the TENANT may or may not protect the OWNER.

 

BEFORE ALLOWING A TENANT TO HAVE A DOG, THE PROPERTY MANAGER MUST CONFIRM INJURIES DUE TO A DOG ARE NOT EXCLUDED FROM THE OWNER’S INSURANCE POLICY AND ALSO CONFIRM THAT THE TENANT’S HAVING A DOG ON THE PREMISES WILL NOT CAUSE THE INSURANCE POLICY TO BE CANCELLED. 

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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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