UNDERSTANDING SHOWINGS AND THE TENANT

 

1.   A Tenant must allow showings.

 

2.   Showing must be reasonable. Reasonableness is determined by a judge in litigation and litigation needs to be avoided.

 

3.  The Tenant must be given 24 hours written notice of showings.

 

4.  The Tenant does have to allow a lock box to be placed on the door or premises.

 

5.   The Tenant can refuse to allow the owner, agent or potential buyers to take photos that show their personal property.

 

6.  Failure to allow showings is a “CURABLE NONCOMPLIANCE”. If this occurs, the Tenant is violating the lease and the law and must be given a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE.

 

7.  If the Tenant continues to refuse reasonable showings after notice and you have solid proof, we may be able to evict the Tenant for you.

 

8.  The Tenant is not to be harassed or inconvenienced.  If the Tenant limits times, conditions or dates, the Tenant must be reasonable.

 

Unless the lease contains a Termination on Sale or Contact clause, assure the Tenant that the lease must be honored per the law.  Being reasonable and respectful with the Tenant makes a lot of difference in the experience you will have showing the Tenant occupied home.

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A CREDIT REPORT GENERALLY CANNOT

BE SHARED WITH A THIRD PARTY

 

1.   Most providers of credit reports forbid the requestor from sharing the Applicant’s report with a third party.  

 

2.   Some providers of credit reports have strict rules as to the storage and use of the credit report.

 

3.   There is no Federal or State law that prohibits the sharing of the credit report with the Property Owner.

 

4.   If the Applicant agrees prior to the Property Manager pulling the credit report, most likely the report can be shared with the Property Owner unless the provider of the credit report forbids this under their terms of service.

 

                                                        LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC

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THE NOTICE OF NONRENEWAL IS ARGUABLY THE MOST IMPORTANT NOTICE WHERE THE PROPERTY MANAGER SHOULD HAVE SOLID PROOF OF RECEIPT BY THE TENANT.

 

1.  Florida law allows a relatively short amount of notice for nonrenewing a Tenant.   

  

2.   If a Tenant is not expecting to be nonrenewed, being nonrenewed is extremely disruptive to the Tenant.

 

3.   Many Tenants will deny receipt of a Notice of Nonrenewal. If receipt is denied, the Property Manager must prove not only that a Notice of Nonrenewal was given, sent or served, BUT, that the Notice of Nonrenewal was RECEIVED.

 

4.  The Notice of Nonrenewal should be served multiple ways including hand delivery to the Tenant, posting on the door of the premises, texting, email, USPS mail and certified mail.

 

5.  If a Notice of Nonrenewal is posted on the door of the premises, it should be done with a witness, placed in an envelope, securely taped to the door and a photo of the envelope on the door should be taken.

 

6.   The Lease should be examined carefully as it may require a specific way of serving. If the Lease requires a specific way of serving, this must be accomplished PLUS the Property Manager should also use the additional ways of serving.

 

7.  If a Notice of Nonrenewal is to be mailed, you must add 5 business days for mailing of the notice so the Notice of Nonrenewal should be mailed at least 5 business days prior to the required number of days needed to nonrenew.  Mailing should NOT be relied upon as the only means of service.

 

8.  Using a “Private Process Server” as an ADDITIONAL way to serve the Notice of Nonrenewal is recommended.  

 

9.  Verbal Notice of Nonrenewal is useless and cannot ever be relied upon.  

 

 

EXTREME CARE MUST BE TAKEN WHEN NONRENEWING SO YOU HAVE SOLID PROOF THAT THE TENANT RECEIVED THE NOTICE. DO NOT GIVE A JUDGE A REASON TO BELIEVE THE LIE OF A TENANT IF THE TENANT CLAIMS THAT THEY DID NOT RECEIVE THE NOTICE OF NONRENEWAL.

 

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UNDERSTANDING SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS IS CRUCIAL

 

1.   SERVICE ANIMALS OR EMOTIONAL SUPPORT ANIMALS ARE NOT “REGISTERED”. THERE IS NO TRUE REGISTRATION.  NO REGISTRATION IS LEGALLY RECOGNIZED.

 

2.  THERE IS NO SUCH THING AS AN ID CARD OR A CERTIFICATE.  THESE ARE FAKE AND PURCHASED ON THE INTERNET.

 

3.   UNLESS THE DISABILITY IS OBVIOUS TO SEE, YOU MAY ASK THE APPLICANT OR TENANT TO GET YOU VERIFICATION THAT THEY NEED A SERVICE ANIMAL OR EMOTIONAL SUPPORT ANIMAL FOR THEIR DISABILITY.

 

4.   IF THE APPLICANT OR TENANT GETS YOU VALID VERIFICATION, YOU MUST ALLOW THE ANIMAL(S)

 

5.   IF THE ANIMAL(S) ARE ALLOWED, YOU CANNOT CHARGE A PET FEE, PET RENT, PET DEPOSIT OR INCREASE ANY DEPOSIT IN ANY WAY. THEY ARE NO LONGER PETS. YOU CANNOT REQUIRE THE TENANT TO GET ANY LIABILITY INSURANCE FOR THE ANIMAL(S).

 

 

6.  THE ANIMAL(S) CANNOT CAUSE DAMAGE, BITE PEOPLE OR OTHER ANIMALS OR ACT AGGRESSIVELY. THEIR BEHAVIOR AND CONSEQUENCES ARE TREATED THE SAME AS A PET.

 

7.   YOU ARE ALLOWED TO USE A “SERVICE ANIMAL/EMOTIONAL SUPPORT ANIMAL ADDENDUM” THAT WE PROVIDE.  

 

THERE ARE MANY GREY AREAS IN THE LAW REGARDING SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS.  CONTACT OUR OFFICE IF YOU HAVE QUESTIONS.

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THE USUAL MEANS OF RETURNING ALL OR PART OF A TENANT’S SECURITY DEPOSIT IS BY CHECK. IT IS POSSIBLE IN MANY CASES TO SEND THE FUNDS ELECTRONICALLY.

 

1.   If you are returning all or part of a Tenant’s security deposit, the law does not require that you use a traditional check.

 

2.   You are allowed to send the Tenant’s funds to them in any way where the Tenant will receive these funds and not be charged a fee.

 

3.   If there are multiple Tenants, this presents an issue as you are NOT permitted to split the security deposit refund UNLESS all parties agree as to the amount of the split using the proper AGREEMENT.

 

4.  If the Tenants agree using the AGREEMENT to a percentage split of the deposit, you can electronically transfer these funds to the Tenants in the split percentage stated in the AGREEMENT.

 

NEVER SPLIT A SECURITY DEPOSIT REFUND UNLESS ALL THE TENANTS AGREE TO THE SPLIT PERCENTAGE IN WRITING.  IF THERE IS NO AGREEMENT, THE SECURITY DEPOSIT REFUND SHOULD BE SENT IN THE NAMES OF ALL TENANTS WITH “AND” BETWEEN EACH NAME AND IT IS UP TO THE TENANTS TO WORK IT ALL OUT.

 

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UNDERSTANDING THE LAW ON SCREENS

 

1.   When the Tenant moves in, screens must be present and in good repair per Florida law.

 

2.  In the event the screens need repair during the tenancy, the Landlord must repair them once annually.

 

3.  Some homes in Florida do not have screens on all windows and some windows do not function properly nor can be easily repaired due to age and lack of parts.

 

4.   If a home is missing screens or windows are inoperable and will not be repaired or made operational, we recommend that this is stated in the lease with the Tenant clearly acknowledging such.

 

5.   The Tenants acceptance at lease signing of the lack of screens or the fact some windows will be inoperable will most likely not matter if the Tenant were to contact code enforcement OR make this an issue in court.

 

 

6.  The Landlord should be informed prior to lease signing that they may be required to provide screens and/or make all windows operational if the Tenant were to press the issue.  

 

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1.  A Lease runs with the land.

 

2.  A Lease is not impacted by a sale.

 

3.  The current Lease does not have to be changed.

 

4.  The Buyer would notify the Tenant where to pay the rent.

 

5.  The Security Deposit and any advanced funds would be transferred into the new Escrow Account of the Buyer.

 

6. The Tenant must be notified of this and told where the funds are.

 

7.   The Buyer may wish to offer the Tenant a new lease or an addendum but the Tenant does not have to accept this as the current lease stands.

 

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UNDERSTANDING RENT ABATEMENTS  

 

1.   Do not offer rent abatements without proper legal guidance.

 

2. If you offer a rent abatement, you must use the proper FORM.

 

3.   Do not offer a rent abatement unless the property owner agrees IN WRITING.

 

4.   IF YOU PUT A TENANT UP IN A HOTEL, WE WILL NOT BE ABLE TO ASSIST YOU. THERE IS NO LEGAL OBLIGATION TO PUT A TENANT IN A HOTEL.

 

5.   If you offer a rent abatement verbally, we will NOT be able to assist you.

 

6.   If a home is uninhabitable, the Tenant should be terminated and removed from the property. Please read our information on this.   

 

 

It is crucial that you contact our office when something serious has occurred to the home or you have a dispute with the Tenant.

 

If you delay too long after a problem has begun, we will be unable to assist you. If you make any “deals” with the Tenant without legal advice first, we will not be able to assist you.

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MOST PROPERTY MANAGEMENT AGREEMENTS GIVE THE PROPERTY MANAGER THE RIGHT TO SIGN LEASES FOR THE PROPERTY OWNER AND TO RENEW THE LEASE. EXTREME CARE MUST BE TAKEN AT RENEWAL TIME.

 

1.  Most successful Property Managers are given a Power Of Attorney by the Property Owner to sign Leases. This is a signed witnessed and notarized document.

 

2.   The Property Management Agreement gives the Property Manager the power to sign the Lease on behalf of the Property Owner and the Power of Attorney makes this legal.

  

3.   Many Property Owners have an expectation that when a Lease is over, the Tenants will vacate. The Property Manager has an expectation that a good Tenant will be renewed for another Lease term. This expectation clash causes problems.

 

4.  The Property Owner may have reasons why they wish that the Tenant is NOT renewed.

 

1.  The Property Owner may wish to sell the house as unoccupied.
2. The Property Owner may wish to move in.
3.  The Property Owner may wish to engage in large renovations.
4. The Property Manager may have some reason unknown to the Property Manager that they do not wish to renew the Tenant.

 

5.  If the Property Manager renews the Tenant, it is possible that this was not the desire of the Property Owner.

 

6.  Once the Property Manager signs the Renewal Lease, the Property Owner is BOUND to honor the Lease.

 

7.  It is possible that the Property Owner has sent an email or communicated with a staff member and indicated that they did NOT want the Lease renewed and expected the Tenant to vacate.  This communication may not get to the Property Manager for whatever reason.

 

8.  It is crucial to CONFIRM one last time with the Property Owner their desire to RENEW a Lease BEFORE the Property Manager offers a renewal Lease or signs a renewal Lease.

 

9.  A communication breakdown can have serious ramifications when the Property Manager has the power to sign a Lease on behalf of the Property Owner.

 

EVEN IF A PROPERTY MANAGEMENT AGREEMENT GIVES THE PROPERTY MANAGER THE FULL LEGAL RIGHT TO SIGN A RENEWAL LEASE, ONE LAST CHECK SHOULD BE MADE WITH THE PROPERTY OWNER AND THIS SHOULD BE DONE IN WRITING.

 

WITH POWER COMES RESPONSIBILITY AND DANGER.

 

ALWAYS CONFIRM WITH THE PROPERTY OWNER PRIOR TO RENEWING A LEASE.

 

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OFTEN ONE TENANT WISHES TO BE REMOVED FROM THE LEASE AS THEY HAVE VACATED, OR A TENANT WISHES THAT A SPOUSE/PARTNER/ ROOMMATE IS REMOVED FROM THE LEASE AS THAT PERSON HAS VACATED

 

1.   You are under NO obligation to agree to allowing anyone off of a Lease.

 

2.   Any marital, roommate, job, or jail problem is the problem of the Tenants and not that of the Property Manager or the Owner.

 

3.   If you allow someone to be removed from a Lease, you just reduced the possibility of rent collection as you released a person from the Lease who may have been contributing towards the rent payment.

 

4.  If you allow someone to be removed from a Lease, they MAY decide to move back in and you cannot then force them to sign the Lease again.

 

5.   Divorce, separation, jail, or roommate disputes are NOT the problems of the Property Manager or the Owner.

 

6.   If you agree that a Tenant will be removed from the Lease, ALL parties must agree IN WRITING and this includes any remaining Tenants.

 

7.   If the remaining Tenants and the removed Tenant do not agree, then you cannot remove a Tenant from a Lease.

 

8.  It is NOT relevant that a Tenant has disappeared, moved, vacated or is in jail. The Tenants signed a lease and are responsible under the lease jointly and severally. If two people buy a car together, they BOTH have rights to the car and BOTH are responsible for paying for the car.

 

9.  If you, the Owner and ALL Tenants  (remaining and removed) agree that one Tenant will be removed from the lease, the PROPER FORM must be used so the person who is removed has NO claim to the Security Deposit/Last Months Rent no matter who paid the Security Deposit/Last Months Rent.

 

WHEN A TENANT ASKS TO BE REMOVED FROM A LEASE OR A TENANT WISHES THAT ANOTHER TENANT IS REMOVED FROM A LEASE, YOUR RESPONSE USUALLY SHOULD BE “NO”.

 

IF YOU AND THE PROPERTY OWNER AGREE THAT ONE TENANT SHOULD BE ALLOWED TO BE REMOVED FROM A LEASE, THE PROPER FORM MUST BE USED OR YOU MAY HAVE A HUGE DISPUTE WHEN THE REMAINING TENANT VACATES AND THE REMOVED TENANT REAPPEARS AND WANTS THE DEPOSIT OR A PORTION OF THE DEPOSIT.

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