OUR OFFICE MAKES YOUR EVICTION QUICK, EASY AND PAINLESS

 

1.   Gather up your Lease, your Notice to Pay Rent and your Payment ledger.  

 

2.   Confirm your Notice to Pay Rent is completely filled out and the “Certificate of Service” is completed.

 

3.  Go to www.evict.com and you will see how simple it is to send the info in to us.

 

4.  While we have hundreds of articles and videos, you may want to watch a couple of the below ones to get an understanding of the process and timelines.

 

PREPARING THE THREE-DAY NOTICE   https://vimeo.com/511224514

 

RETURNING RENT  https://vimeo.com/295616035

 

THE  BASIC EVICTION-  https://vimeo.com/295658623

THE UNCONTESTED EVICTION  https://vimeo.com/295616767

 

NONPAYMENT OF RENT- THE PROPER NOTICE https://vimeo.com/311537164

 

SHUTTING OFF ONLINE PAYMENT https://vimeo.com/337287280   

 

THE MOST COMMON NOTICE MISTAKE https://vimeo.com/337287393

 

 

IF YOU HAVE ANY QUESTIONS, DO NOT HESITATE TO CALL 1 800 253 8428 OR EMAIL US AT INFO@EVICT.COM 

 

ONCE THE EVICTION IS FILED, WE WILL KEEP YOU UPDATED AT EACH STEP.

 

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

 

OFTEN THE TENANT WILL SUE YOU OR THE PROPERTY MANAGEMENT COMPANY ON A SECURITY DEPOSIT DISPUTE RATHER THAN SUING THE PROPERTY OWNER

 

1.   Technically, AND especially if the HWW Lease is used, the Tenant is to only sue the Property Owner rather than the Property Manager or Property Management company.

 

2.   Tenants often sue the Property Manager or Property Management company improperly.

 

3.   If the Tenant sues the Property Manager or the Property Management company, a MOTION TO DISMISS can be filed and there can be one of three results. 

1. The Judge may dismiss the case OR
2. The Judge may dismiss the case and tell the Tenant to sue the Property Owner  OR
3. The Judge may leave the Property Manager or Property Management company in the lawsuit and tell the Tenant to also sue the Property Owner.

 

4.   If a MOTION TO DISMISS is filed, while you may get your company out of the lawsuit AFTER A HEARING ON THE MOTION, the Tenant simply amends (the judge often allows this) or files a new lawsuit so you often will have accomplished little.

 

5.   The KEY to success is to try to settle the case to avoid time wasted in court and attorney’s fees.

 

6.   If you or your Property Management company is sued in a Security Deposit lawsuit, you MUST take action right away if you wish that we try to have you or your Property Management company dismissed from the case.  

 

IF A LAWSUIT IS FILED AGAINST YOUR PROPERTY OWNER, YOU OR YOUR PROPERTY MANAGEMENT COMPANY, AND THE TENANT HAS AN ATTORNEY, THE STAKES ARE HIGH.

 

ALWAYS CONTACT OUR OFFICE THE MOMENT YOUR PROPERTY OWNER, YOU OR YOUR PROPERTY MANAGEMENT COMPANY IS SUED NO MATTER HOW UNFAIR OR RIDICULOUS THE LAWSUIT MAY SEEM.   

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

MOST SUCCESSFUL PROPERTY MANAGERS SIGN LEASES WITH A POWER OF ATTORNEY GRANTED TO THEM BY THE PROPERTY OWNER.

THE POWER OF ATTORNEY IS PROVIDED BY OUR OFFICE AND MUST BE SIGNED, WITNESSED AND NOTARIZED

Some reasons why it is wise to sign a Lease for the Owner:

1. Owner knows you are working with an applicant and wants to refuse them.
2. Owner does not want to rent to children and does not sign Lease.
3. Owner finds out applicant has a service animal or ESA and refuses to sign Lease.
4. Owner sees name of the tenant and decides he/she does not like people from that country.
5. Having Owner sign the lease could result in delays.
6. Only one owner may sign.
7. Owner changes mind.
8. Owner finds out tenant is Black, Asian etc. and decides to change mind.
9. Owner never gets you the signed Lease.
10. Owner gets Lease from you, makes changes, then sends it back to you.
11. Owner delays in getting you the lease, it’s Friday, you move Tenant in, Owner changes mind on Monday.

 

THE PROPER WAY TO HANDLE PROPERTY MANAGEMENT IS AS FOLLOWS:

TENANT APPLIES, TENANT IS APPROVED BY THE PROPERTY MANAGER, LEASE IS PREPARED, TENANT SIGNS, PROPERTY MANAGER SIGNS, PROPERTY MANAGER THEN TELLS OWNER THE GOOD NEWS A WEEK AFTER TENANT MOVES IN.   

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

1.   THE LANDLORD OR THE PROPERTY MANAGER IS ALLOWED TO SERVE ANY NOTICE.

 

2.   A PROCESS SERVER MAY SERVE NOTICES BUT THERE WILL BE A COST INVOLVED OF $35 TO $50 AND SOMETIMES MORE IF THERE IS A RUSH.

 

3.  FLORIDA LAW DOES NOT PROHIBIT A THIRD PARTY SUCH AS A STAFF MEMBER, HANDYMAN, ASSISTANT, OR A NON PROCESS SERVER TO SERVE NOTICES.

 

4.  THE NOTICE SHOULD BE PREPARED BY AND SIGNED BY THE LANDLORD OR THE PROPERTY MANAGER. 

 

5.    IN THE EVENT OF AN EVICTION, THE PERSON WHO SERVED THE NOTICE MAY BE REQUIRED TO COME INTO COURT TO PROVE THEY ACTUALLY SERVED THE NOTICE.

 

6.  SERVING A NOTICE WITH A WITNESS IS PREFERRED BUT NOT LEGALLY REQUIRED.

 

7.  AFTER SERVING THE NOTICE BY POSTING ON THE DOOR, WE ADVISE YOU TAKE A PHOTO OF THE NOTICE ON THE DOOR PREFERABLY WITH A TIME/DATE STAMP.

 

SERVING NOTICES IS AN IMPORTANT PART OF THE PROCESS AND CAN BE DANGEROUS.  BEING ABLE TO PROVE SERVICE IN COURT IS A MUST.

 

IF YOU DESIGNATE A THIRD PARTY TO SERVE NOTICES FOR YOU, BE SURE THEY ALWAYS KNOCK FIRST AND ONLY SECURLY POST ON THE DOOR IN THE EVENT NOBODY ANSWERS THE DOOR, A PERSON UNDER THE AGE OF 15 OPENS THE DOOR OR A PERSON WHO IS NOT AN ACTUAL OCCUPANT ANSWERS THE DOOR.

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

ALLOWING A TENANT TO INSTALL THEIR OWN WASHING MACHINE CAN HAVE SERIOUS AND DIRE CONSEQUENCES.

 

1.   Basically anyone has the ability to install a washing machine with little to no mechanical knowledge.

 

2.   An improperly installed washing machine can result in serious flooding and/or mold issues.

 

3.    An old or defective water rubber supply line can rupture or leak causing immediate serious damage. Only braided stainless steel supply lines should be used.

 

4.    The Property Manager and the Tenant may have no knowledge of the defective water supply line(s).

 

5.    Often the small round washer in the supply line fitting will fall out in transit resulting in slow unnoticed leaks and resulting water and mold damage.

 

6.  The washing machine drain line must be installed properly or it can fall out or come out of the house drain pipe due to the water pressure or the movement of the washing machine. Many Tenants and Property Managers do not know that this drain line must be properly secured.

 

7.    If a Tenant is allowed to bring their own washing machine, it should be installed by or installation supervised and inspected by the Property Manager’s handyperson or trained staff.

 

8.    Charging the Tenant for the installation or supervision is perfectly reasonable and wise and most Tenants will have no difficulty accepting this charge.  

 

UNDERSTANDING THE DANGERS OF A TENANT INSTALLED WASHING MACHINE IS CRUCIAL. TAKE THE STEPS NOW TO AVOID A DISASTER.   ANY TENANT INSTALLED WASHING MACHINE SHOULD BE INSPECTED AS SOON AS POSSIBLE MAKING SURE THE DRAIN LINE IS SECURED AND RUBBER SUPPLY LINE HOSES REPLACED WITH BRAIDED STAINLESS STEEL SUPPLY LINE HOSES.

“Serving the Property Management Professional”

                        www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

THE PROPERTY OWNER SHOULD EXPECT AND BE PREPARED FOR A WALL MOUNTED TELEVISION

 

1.   Many Tenants wish to have a wall mounted television.

 

2.   Allowing the Tenant to self install a wall mount is a serious mistake.

 

3.   An improperly installed wall mount will cause damage to the wall, could create a dangerous situation, and the Tenant often will remove the mount leaving significant damage.

 

4.   If appropriate, the Tenant should be asked if they wish to have a wall mount and the Property Manager should have the mount installed at the Tenant’s expense if it is decided that a wall mount is allowed.

 

5.   In most cases, the properly installed wall mount should remain on the premises as it will often add value and versatility to the premises.  

 

FAILURE TO ADDRESS A WALL MOUNTED TELEVISION PRIOR TO THE TENANT TAKING OCCUPANCY CAN RESULT IN A SERIOUS EXPENSE TO THE OWNER AND UNINTENDED CONSEQUENCES. 

 

“Serving the Property Management Professional”

                            www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

DO NOT TRUST A VENDOR WHEN THEY STATE THAT THEY ARE WAITING FOR A PART FOR A REPAIR

 

1.  Often a part is needed to complete a repair job and you are told by the vendor that this part is not available, on back order or there will be some significant delays.

 

2.  Many vendors only buy their parts from their own preferred suppliers.

 

3.  The vendor then marks the price of the part up sometimes by 100% in the final bill to you.

 

4.  Often a Tenant cannot be forced to wait for a part to arrive and legally may have a right to stop paying rent or withhold rent.

 

5.  If the vendor tells you that they are “waiting for a part” or the arrival time for a part will be significantly delayed, you MUST jump into action.

 

6.  ALMOST every part needed for a repair is available online if you are willing to find it on your own AND potentially pay more for the part and pay for expedited shipping.

 

7.  The Property Manager cannot accept the vendor’s representation about a part availability or delay.

 

8.   If a vendor will refuse to guaranty a part that you purchase, then you must make a decision as to the risk of a delay versus the risk of a part that is not guaranteed.

 

9.  YOU as the property manager must make your vendor understand how important it is to get a repair completed as YOU are required to get a repair done in a fast manner.

 

10. Your vendor often does not see the urgency in a repair.  This is YOUR responsibility.

 

TAKE CONTROL AND QUESTION ANY PART DELAY OR REPAIR DELAY BY YOUR VENDOR.  TAKE ACTION TO GET THE NEEDED PART EVEN IF THERE IS AN INCREASED COST INVOLVED AND MORE WORK ON YOUR PART.   

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

                ALLOWING THE TENANT TO INSTALL A TOILET SEAT BIDET CAN END IN DISASTER

 

1.   There are products on the market called Toilet Seat Bidets which can be installed using the water supply line to the toilet.  

 

2.   Water supply lines are fragile and valves often will break or leak if used.

 

3.  If the Tenant installs a Toilet Seat Bidet, they must close the valve to the toilet water supply line and insert in the extra water supply line for the Toilet Seat Bidet.

 

4.  By touching the toilet water supply line and installing the Toilet Seat Bidet, the Tenant is engaging in plumbing and alteration and this should not be allowed.

 

5.  The water supply lines to the toilet and the water supply line to the Toilet Seat Bidet are often made of cheap materials which can result in a leak and water damage.

 

6.   Simply turning the valve of the water supply line off can result in a breakage of the valve and major water damage where the main valve to the home must be turned off to stop a flood.

 

7. Each year, Toilet Seat Bidets cause massive flood and water damage to homes.   

 

 

DO NOT ALLOW THE TENANT TO INSTALL A TOILET SEAT BIDET IN ANY HOME YOU MANAGE.

 

IF UPON INSPECTION YOU DISCOVER THAT THE TENANT HAS INSTALLED A TOILET SEAT BIDET, HAVE YOUR MAINTENANCE TECH REMOVE THIS ASAP.

 

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

 

UNDERSTANDING WHEN YOU CAN GO STRAIGHT TO LEASE TERMINATION

 

1.   Almost every noncompliance is “curable” meaning the Tenant can stop doing something they are doing or start doing something that are supposed to do.

 

2.  If a noncompliance is curable, you MUST allow the Tenant a chance to cure even if you don’t really want to.

 

3.   You must get advice from us before you serve a 7 DAY NOTICE OF TERMINATION.

 

4.   You must be able to PROVE the noncompliance and PROVE that it is of a noncurable nature.

 

5.  Examples of noncurable noncompliances include but are not limited to:

 

1. Starting a fire or causing a flood that severely damages the property.
2. Committing a serious crime on the premises.
3.     Intentionally and severely damaging or destroying the property.
4. Assaulting the manager or Landlord.
5. Giving a fraudulent check.
6.     Serious lies on the rental application.

 

6.     Our firm will help you decide if a noncompliance is “curable” or “noncurable”.

 

7.   Our firm will prepare the 7 DAY NOTICE OF TERMINATION for you, you will serve it and after 7 days we can file the eviction.

 

8.  Always try to get the Tenant to sign an AGREEMENT TO VACATE.  This will mean that if they fail to vacate, we can evict without having to prove the noncompliance.

 

9. You cannot ask for or accept any rent once you find out that the Tenant committed a noncurable noncompliance.  Acceptance of rent forgives the Tenants actions. 

 

MOST PROPERTY MANAGERS HAVE NOT DEALT WITH A NONCURABLE NONCOMPLIANCE AND FEW HAVE EVER BEEN TO COURT ON A CONTESTED CASE.  LET OUR FIRM GUIDE YOU THROUGH THE PROCESS.

“Serving the Property Management Professional”

                              www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com

ALLOWING A TENANT TO PAINT IS A MAJOR MISTAKE BUT WE WILL PUT THE WORDING IN THE LEASE IF REQUESTED.

1.       Who will be painting?
2.       Does the painter have to be licensed and insured?
3.        Who will be paying for the painting?
4.        Who will approve the paint color(s)?
5.        What type/color/finish of paint is required for walls?
6.        What type/color/finish of paint is required for ceilings?
7.        What type/color/finish of paint is required for trim?
8.        What type/color/finish of paint is required for doors?
9.        Is painting optional or is it required?
10. What rooms will be painted?
11. When is painting to be started?
12. When is the painting to be completed?
13. What type of paint finish is to be used and where? Flat/Matte? Matte Enamel?  Satin? Eggshell? Semi-Gloss? High Gloss ? 
14. What brand paint is to be used?
15. Has the Landlord been fully advised of the dangers in allowing the Tenant to handle any painting?
16. Does the Landlord understand that the painter could potentially lien the property and hold the Landlord responsible?

Allowing a Tenant to have anything to do with painting a premises is dangerous and not advisable.  The Landlord should be fully informed of these dangers and clearly state to the Property Manager in writing that they shall not hold the Property Manager liable for any disasters which may occur.   The Law Offices of Heist, Weisse & Wolk, PLLC will not be responsible for any problems which may occur if the Tenant is allowed to have anything to do with painting.

“Serving the Property Management Professional”

www.evict.com      www.evicttv.com      www.evictforms.com      info@evict.com