ALMOST EVERY PROPERTY MANAGER WILL FACE WATER DAMAGE, LEAKS, FLOODING, OR DRIPPING SITUATION DUE TO A CLOGGED A/C CONDENSATE LINE.  IT DOES NOT HAVE TO OCCUR.

 

1.  When an air conditioning system is running, water drains off of the Evaporator Coil which is located within the Air Handler in the wall, attic, closet or garage.

  

2.   Generally, the water slowly drains out the Condensate Pipe.

 

3.   The Condensate Pipe is a white PVC pipe that runs through the attic, in closets, or in walls and eventually runs to the outside of the house and steadily drips water in an inconspicuous place.

 

4.  Normally the Tenant will not even see where the water drips outside the house when the system is properly running.

 

5.  The Condensate Pipe gets clogged eventually with mold, moss, fungus, plants and even critters.

 

6.  When the Condensate Pipe gets clogged, the water backs up into a pan underneath the Air Handler and USUALLY there is a float switch that will turn the A/C OFF. Often the switch is inoperable and will not shut the system down. There might not even be a switch present.

 

7.  OFTEN, if the Condensate Pipe is clogged, water will drip from the ceiling or closet into the home. This dripping may start out slow and may not be reported until there is damage to the premises, mildew and mold.

 

8.  The Condensate Pipe should be inspected and cleaned once per year.  If it is not cleaned, you run a high risk of clogging and damage.  

 

9.  Failure to have this preventive maintenance done is a disservice to the Property Owner.  Often this service can cost approximately $100 to $150. 

 

10. Smart Property Managers urge the Property Owner to get preventive maintenance done and even smarter ones tell the Property Owner it will be done and allow the Property Owner to OPT OUT.  Most Property Owners will NOT OPT OUT.

 

 

UNDERSTANDING THE RISKS INVOLVED WITH AN HVAC SYSTEM, HOW IT WORKS, AND THE BENEFITS OF PREVENTIVE MAINTENANCE CAN SAVE THE PROPERTY OWNER THOUSANDS OF DOLLARS AND AVOID HOUSE OF GREIF.

 

“Serving the Property Management Professional”

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UNDERSTAND THE SERIOUS RISKS WITH HOT TUBS

BEFORE EVER ALLOWING ONE

 

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

 

2.  Who will install the HOT TUB, get permits and hook up all electrical systems?

 

3.   Who will pay for installation and electrical work?

 

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

 

5.  Will the Landlord’s insurance cover the HOT TUB?

 

6. Has the Landlord’s insurance company been notified and is the HOT TUB permitted?

 

7.   Who is responsible for maintaining and repairing:
   1. The HOT TUB itself?
   2. The pump and filter?
   3. Chemicals?
   4. Electrical to the pump or accessories?
   5. The HOT TUB accessories?
   6. The HOT TUB cover?
   7. The HOT TUB Heater?
8. Is the Tenant responsible for removing the HOT TUB at the tenancy end and repairing or replacing grass?

 

9. Does the Landlord have the power in the lease to ask the Tenant to remove the HOT TUB for any reason?

 

10. If the HOT TUB is to be removed, how many days will the Tenant have to remove the HOT TUB?  

 

DO NOT TAKE HOT TUBS LIGHTLY. THERE ARE SERIOUS ISSUES INVOLVED WHICH MUST BE HANDLED AND PUT IN THE LEASE.

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YOUR PROPERTY OWNER SHOULD NEVER HAVE A HOMESTEAD EXEMPTION ON THE RENTAL PROPERTY YOU MANAGE

 

1.   Prior to taking over management and once per year, you should confirm that your property owner has not filed for Homestead Exemption.

 

2.   A rental property is not allowed to claim a Homestead Exemption.

 

3.   Some owners will fraudulently file for a Homestead Exemption to save money on taxes or to falsely claim a Florida residency when they are NOT Florida residents.

 

4.   You as the Property Manager do not want to be pulled into any fraudulent attempt by a property owner to illegally file for Homestead Exemption or to falsely claim Florida residency.  

 

NEVER UNDERESTIMATE WHAT A PROPERTY OWNER MAY DO TO FALSEY CLAIM THEIR RENTAL PROPERTY TO BE THEIR HOMESTEAD OR TO USE THE PROPERTY AS THEIR RESIDENCE TO FALSELY CLAIM FLORIDA RESIDENCY. ONCE CAUGHT, THE OWNER MAY BLAME YOU FOR THIS AND PULL YOU INTO A CRIMINAL LEGAL ACTION.   

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HOLDING OFF ON AN EVICTION CAN RESULT IN THE PROPERTY MANAGER BEING SUED BY THE PROPERTY OWNER FOR LOST RENT AND ATTORNEY’S FEES

 

1.  Tenants often promise to pay and the Property Manager will hold off on filing an eviction.

 

2.  If the Tenant pays, then no harm is done.

  

3.  If the Tenant fails to pay and the Property Manager has held off, the Tenant will owe more money that the Property Owner most likely will never see.

 

4.  The Property Manager should have a policy of filing an eviction on a specific day of the month or after a set period has elapsed after the Three Day Notice has been served.

 

5.  If the Tenant seeks an extension or promises to pay on a specific date, if the Property Manager decides to wait and hold off, the Property Manager should get written authorization for this from the Property Owner using the EVICTION HOLD OFF NOTICE.  

 

6.  Failure to get written permission to hold off on filing an eviction can result in further financial damage to the Property Owner.

 

7.  Property owners can and do sue Property Managers for negligence and breach of contract if the Property Manager holds off on an eviction and the Tenant fails to pay.

 

8.  Any risks in holding off on an eviction should be passed to the Property Owner and not undertaken by the Property Manager without written permission.

 

THE PROPERTY MANAGER SHOULD FILE AN EVICTION IN ACCORDANCE WITH COMPANY POLICY.  IF THE PROPERTY MANAGER WISHES TO HOLD OFF ON FILING AN EVICTION PENDING POSSIBLE PAYMENT, THIS MUST BE AUTHORIZED BY THE PROPERTY OWNER.

 

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YOU HAVE 30 DAYS FROM THE DATE THE TENANT VACATES TO SEND THE NOTICE OF INTENTION TO IMPOSE CLAIM ON SECURITY DEPOSIT

IF YOU FORGET, YOU MAY QUALIFY UNDER THE EXCEPTION TO THE RULE

1.   The Law requires you to SEND the Notice of Intention to Impose Claim out by certified mail within 30 days of the tenant vacating.

 

2.  The Law provides a limited EXCEPTION to the rule. 

 

3.   You qualify for the EXCEPTION if:

 

1. The Tenant abandons or vacates PRIOR to the end of the lease OR month to month term.

 

AND

2. The Tenant DOES NOT give you at least 7 days written notice by certified mail or hand delivery stating they will be vacating and also giving you a forwarding address.

 

4.   It is EXTREMELY dangerous to rely on the EXCEPTION as the Tenant can fabricate the 7 Day Notice and claim they handed it to you.

 

5.  The PURPOSE of the EXCEPTION is that if you don’t know the Tenant has vacated and don’t know a forwarding address, it is not fair to you to be held to a strict time period.   

 

6.  If you 100% know a tenant has vacated and STILL do not get the Notice of Intention to Impose Claim on Security Deposit out by certified mail, using the EXCEPTION to the rule can be difficult.  

 

DO NOT WAIT UNTIL THE LAST MINUTE TO GET THE NOTICE OF INTENTION TO IMPOSE CLAIM ON SECURITY DEPOSIT OUT BY MAIL.  IF YOU DO NOT HAVE A FORWARDING ADDRESS, YOU SIMPLY USE THE ADDRESS OF THE HOME YOU WERE RENTING TO THE TENANTS.

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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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