YOUR TENANT WHO ALLOWS A THIRD PARTY TO MOVE IN IS VIOLATING THE LEASE

 

1.   You are not allowed to evict or remove a person for your Tenant.  Only your Tenant can do this.

 

2.   Your Tenant is violating the lease.

 

3.  You must serve your Tenant with a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE due to “unauthorized occupant”.

 

4.  This problem was caused by your Tenant.

 

5.  If your Tenant fails to remove the person they allowed in, everyone must be evicted.   

 

6.   Do not accept any further rent from your Tenant if you intend to file an eviction.

 

7.  Do not accept any rent from or have any contact with the unauthorized occupant.

 

8.  Do not accept possession from your Tenant if the occupant is still there.

 

9.  If your Tenant leaves, they have not truly vacated if someone is still in the home.  As long as the unauthorized person is in the home, your Tenant is still technically in the home.

 

10.  Once the SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE expires, we can file an eviction against your Tenant and when the eviction is completed, everyone will be removed.  

 

A Tenant who allows someone to move in is violating the lease. They have caused the problem and you must serve your proper notice and evict.  Do not feel sorry for your Tenant.  By violating the lease, your Tenant is causing big problems for you and the Landlord.

“Serving the Property Management Professional”

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Many Property Managers of single family homes, condominiums or other rental units will at some point in their career cross paths with a Property Owner who has not paid taxes and there is a tax lien on the property. Such a situation may cause the Tenant, the Property Owner and the Property Manager significant stress.        

 

NO LEASE BREAK RIGHTS 

The Tenant may be served with a foreclosure lawsuit and other subsequent court documents filed in the foreclosure proceeding and may be spooked. 

As long as the Property Owner remains the titleholder, the Tenant needs to pay rent and honor the lease.  The Property Owner in default can evict the tenant for defaulting on the lease terms. The Tenant does not have a right to stop paying rent or terminate the lease early simply by virtue of the lien or foreclosure action being filed BUT some judges may feel otherwise.           

ACTIONS TO BE TAKEN  

1. If you decide to manage the property, you should get permission from the Property Owner to disclose the lien to the Tenant.

 

2. The Tenant should sign the form we provide where the Tenant is notified of the tax lien and is deciding to rent the property nonetheless.

 

3. Many Property Managers charge the Property Owner a higher commission in this circumstance as further problems and hassle may arise.

 

4. The Property Manager needs to be prepared for the Property Owner to potentially not pay for repairs if they are in a financial bind.

 

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1.   If there is a lease in place that has not expired, the lease must be honored.

 

2.   If the Landlord approves, you should offer the Tenant YOUR LEASE as having multiple leases is not advisable and causes problems.

 

3.  If the Tenant signs YOUR LEASE, then the old lease is canceled.

 

4.  If the Tenant paid any deposits to the Landlord, these deposits need to be placed in the Property Manager’s escrow account.

 

5.  The Tenant is notified as follows:

 

1. The Landlord notifies the Tenant in writing that you are the Property Manager and they must pay you from this point on.
2. The Property Manager notifies the Tenant in writing that you are the Property Manager, and they must pay you from this point on.

 

3.   The  Property Manager notifies the Tenant in writing as to where the deposit money is held (bank, address and interest or non interest)

 

NOTE:  If the deposit money is not given to the Property Manager by the Landlord, the Property Manager must get the Tenant to sign the document stating that the Property Manager was not given the deposit and the Property Manager is in no way liable for the deposit.

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UNDERSTAND THE DANGERS TO THE OWNER OF  ALLOWING SUBLETTING FOR SHORT TERM RENTING

 

1.   OWNERS are often tempted to allow a TENANT  to sublease for short term renting.

 

2.  The TENANT may use common platforms like AIRBNB, VRBO, FACEBOOK MARKETPLACE, CRAIGSLIST, social media or any other advertising.

 

3.   The TENANT may be a corporation, putting the OWNER at greater risk.

 

4.   The TENANT may offer to pay more rent or offer to pay all expenses for repairs further tempting the unsuspecting OWNER.

 

5.   The OWNER will lose control of the property and could face fines which the TENANT will not pay.

 

6.  THE OWNER will have no control over who is renting and for what duration despite claims made by the TENANT.

 

7.   The OWNER’s insurance company must be notified as the OWNER may lose all coverage due to this use.

 

8.  If the TENANT is a corporation, the eviction, if necessary may be further complicated.

 

9.  Since the OWNER has no legal relationship with the sublessee, an eviction might not be possible, and the OWNER may have to file an unlawful detainer.

 

10. The subleasing by the TENANT may violate local laws, rules, regulations, and ordinances.

 

11. The SUBLESSEES may cause nuisances and noise disturbances and other violations increasing the risk to the OWNER.

 

12. The SUBLESSEES may use the property for illegal or immoral purposes.

 

13. The TENANT may fail to pay utility bills and the OWNER could be held responsible for massive bills that were hidden from the owner.

 

14. The TENANT may make alterations to the property to increase the number of bedrooms.

 

15. The TENANT may create a full blown hotel renting out individual rooms or renting hourly.

 

16. The property will experience a much higher amount of wear and tear by the SUBLESSEES.

 

THERE ARE MASSIVE RISKS WITH ALLOWING A TENANT TO SUBLEASE THE PROPERTY FOR SHORT TERM RENTALS. THE OWNER NEEDS TO BE FULLY AWARE OF THE RISKS.  THE PROPERTY MANAGER MUST DISCLOSE ALL THESE RISKS TO THE OWNER AS THE PROPERTY MANAGER COULD BE HELD LIABLE FOR THE DISASTER THAT MAY OCCUR.

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UNDERSTANDING WHAT A SQUATTER IS AND HOW TO HAVE ONE REMOVED

 

1.   A Squatter is a person who is living in a home where there is no LANDLORD/TENANT relationship.

 

2.   A LANDLORD/TENANT relationship is where there is a Landlord and a Tenant and there is some agreement, either verbal or written, for the Tenant to pay rent in exchange for living in the home.

 

3.  If you discover a person living in a home and they have no agreement whatsoever with the Owner to pay rent, YOU CANNOT FILE AN EVICTION as there is no LANDLORD/TENANT relationship.

 

4.  Law Enforcement should be called to see if they will TRESPASS the person or persons. Usually they will not UNLESS it is perfectly clear that the person just broke in.  Usually, Law Enforcement will not remove the person or persons.  LAW ENFORCEMENT WILL TELL YOU THAT AN EVICTION MUST BE FILED – THIS IS INCORRECT.

 

HOW DO YOU REMOVE A PERSON OR PERSONS WITH NO LANDLORD/TENANT RELATIONSHIP?

 

1. You can threaten them with legal action.

 

2. You can call Law Enforcement and see what happens.

 

3. You can get them to sign a SPECIAL AGREEMENT TO VACATE FORM WE PROVIDE that converts them into Tenants and then we can evict if they do not vacate.

 

4.  You can pay them to vacate. This is CASH FOR KEYS and we have the CASH FOR KEYS FORM.

 

5. We can file an UNLAWFUL DETAINER ACTION. An UNLAWFUL DETAINER ACTION is similar to an eviction.

 

EXAMPLES OF WHEN YOU DO NOT HAVE A LANDLORD/TENANT RELATIONSHIP

 

1. A person is scammed and pays a fake landlord.
2. A guest is allowed to stay and refuses to leave.
3. A person is allowed to live in a home for free.
4. A person just goes in and takes up residence.
5. The owner is foreclosed on and a person is left behind.
6. An Owner buys a home and a person (not the former owner) is in there and there is no prior verbal or written tenancy in place.

 

HOW DO YOU HAVE US FILE AN

 UNLAWFUL DETAINER?

 

You send us the information by going to this link: https://form.jotform.com/Heist/unlawful-detainer     

 

Always try the multiple alternative methods to avoid having to go the legal route. Always contact us first so we can assist you. DO NOT make any DEALS with the person or persons without contacting us first.

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SIGNING THE LEASE FOR THE LANDLORD HAS MANY ADVANTAGES AND GENERALY DOES NOT INCREASE THE PROPERTY MANAGER’S LIABILITY

 

1.   To sign the Lease for the Landlord, you must have a Power of Attorney that our office provides for free. It must be signed, witnessed and notarized.

 

2.  The Power of Attorney gives you the specific power to sign the Lease on the Landlord’s behalf.

 

3.   By signing the Lease for the Landlord, you will streamline the process.

 

4.  The Tenants always sign the Lease and addenda first and once everything is proper, all money collected and all terms and conditions complied with, the agent, with the Power of Attorney signs.

 

5.  Allowing the Landlord to sign gives too much unnecessary control to the Landlord to delay, forget, change their minds or even discriminate if they do not like who the Tenants are.  A Landlord may not like children, the national origin of the Tenants or the fact the Tenants may have a Service Animal or ESA. A Lease can tip a Landlord off and cause serious problems.  

 

6.   Signing the Lease with a Power of Attorney does not increase the Property Manager’s liability in most cases.  

 

7.   Prior to signing a RENEWAL of a Lease it is crucial that the Landlord wishes to renew. ALWAYS CHECK FIRST. ALWAYS, AND GET THIS IN WRITING.

 

8.  A successful, streamlined Property Manager operates like this:

 

1. They advertise the property.
2. They screen and approve or disapprove the Tenant.
3.        They have the Lease prepared.
4. They have the Tenants sign the Lease and then sign for the Landlord with the Power of Attorney.
5. They tell the Landlord the good news after the Tenant has moved in.
6.       They may or may not provide the Landlord with a Lease copy but, provide it for sure upon the Landlord’s demand.

 

TAKE THE TIME TO THINK ABOUT WHY YOU MAY BE CURRENTLY HAVING THE LANDLORD SIGN THE LEASE AND LOOK INTO THE ADVANTAGES OF SIGNING THE LEASE FOR THE LANDLORD. YOU MAY BE PLEASANTLY SURPRISED.

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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.

“Serving the Property Management Professional”

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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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