Nothing is more important to the typical eviction action than a proper Three Day Notice. That most common notice, the first one a property manager learns to prepare, is the key to a successful eviction action. After the notice expires, an eviction action is filed, and voila, the judge signs the final judgment, and the resident is evicted. The notice prepared by an untrained manager often contains deficiencies. If the eviction is successful, it would seem them that the Three Day Notice is really not that important after all. This assumption is correct if the judge fails to look at the Three Day Notice or views the deficiencies as excusable, or the resident does not know the law or the resident fails to retain an attorney who most likely does know the law.

The Good Old Days

Up to about 2007, many judges would not carefully examine the Three Day Notice that was attached to the eviction complaint, and most residents would not be able to afford to retain an attorney. After all, they did not have the money to pay the rent, and most residents did not know the laws regarding the Three Day Notice. What changed? With the advent of the massive number of foreclosure cases, the larger number of defective evictions being filed by non-attorneys, and the increase in residents hiring attorneys to help them fight the eviction actions on a contingency basis like auto accident cases, preparing an accurate Three Day Notice became much more important. Many judges began to be criticized for not looking at the papers they were signing and decided it was time to start being a bit more careful, lest they get their names splattered in the newspapers as being sloppy judges who did not care about the law. Attorneys who previously would have turned away a resident under eviction, opting for a more lucrative real estate closing, began to lose business with the economic slowdown and then began to decide to spend some time with the residents who walked into their office for help. Some attorneys started to realize that it could actually be lucrative to represent residents, because if the eviction was dismissed due to a technicality or the resident won the case, the attorney representing the resident could not only get a substantial award of attorneys fees against the property owner, BUT could potentially get what is known as a “multiplier” whereby the judge could double or even triple the attorney’s fee award, forcing the manager to have a judgment against them for many thousands of dollars. All of the above has created a firestorm of epic proportions, and NOW, the property manager must be EXTRA careful to make sure there is no technicality that can cause the eviction to be dismissed or the resident winning in court.

What technicality is the most common defense to an eviction action? The improper Three Day Notice. The law provides that the resident must place the rent money into the court registry before any defenses can be raised; including claims that the notice is defective, BUT some judges allow motions to dismiss and trials to occur even when there is not a dime posted in the registry of the court. Is it wrong that many judges are apparently not following the law? We think so, but the judge has the final say in the absence of an expensive and time consuming appeals process. Fortunately, most legal scholars are of the opinion that in order to raise the defense of a defective notice, the resident must post the rent money into the registry of the court, and most judges do follow this interpretation of the law. YOU must be prepared for the judge who disagrees with this interpretation of the law.

For years, our firm has been accused of being “picky” when it came to requiring clients to prepare and serve the Three Day Notice correctly, but most of our clients recognize why this scrutiny is important. The manager does not want to pay out exorbitant fees to a resident’s attorneys due to mistakes on the Three Day Notice. We catch the mistakes, force our clients to redo the Three Day Notice, and better yet, train our clients to prepare them correctly the first time around. You can go through a red light so many times and not get caught, speed all day long and not get caught, but sooner or later, not only will your number be up, BUT an “accident” could occur, and this “accident” could mean your company pays out a large amount of money to a resident’s attorney. Some attorneys now are actually seeking out residents under eviction and making “resident eviction defense” a lucrative cottage industry. It makes no difference that the resident has not paid rent in 3 months. It is all about technicalities. You have a choice. Prepare your Three Day Notice correctly, or take an expensive gamble.

This article will simply go through the Three Day Notice step by step, and you can ask yourself if you or your company is preparing them correctly or taking an unnecessary risk. The article does not cover all aspects of the Three Day Notice. We have many more articles covering individual aspects in depth you can read on www.evict.com. If your company refuses to prepare the Three Day Notices correctly, feel free to ask us to show you case upon case in which attorneys are nailing property management companies for significant amounts of money. Times have changed, and so should you.

The Resident’s Name

The names you put on the Three Day Notice must match the names on the lease, and if the name or names on the lease are incorrect, as they often are, you need to find out the proper name and put it on the Three Day Notice like this: John Smith a/k/a (also known as) as John Smyth. Leasing agents routinely input the information incorrectly into the computer when generating the lease, and this incorrect information carries over for the entire year and even at renewals. You can’t depend on residents to point out a mistake. Rather, expect them to leave a mistake alone, as it may go to their advantage, and they know it.

If a resident has been added or subtracted from a lease, make certain that this is reflected. Blind reliance on your computer information causes mistakes. Never use just one name when there are 2 lease signers, or use Mr. or Ms., or rely on a catch all of “and all other occupants”. Just get the names right. It is that easy. If one person has not signed the lease but is in the computer as a resident, CALL YOUR ATTORNEY for advice. We see leases that have 2 names listed, but only one person signed. Filing an eviction against the person who has not signed could trigger a lawsuit. Remember, it was your mistake that allowed both to move in with only one signing, so do not exacerbate the mistake. Get advice. Possibly your attorney will tell you to put both names on the Three Day Notice, BUT this advice will depend on the particular facts and circumstances.

There is no need to put children on the notice who are not lease signers on the lease. Sounds silly, right? But it happens, because your computer program often generates the names, and they end up on the Three Day Notice. We have even seen pet names on the Three Day Notice because of the computer programming issues.

The Address

The address MUST match the lease AND the official address that the United States Post Office (which the sheriff relies upon) has for the resident. Did your company decide to change street names or building numbering? It happens all the time and wreaks havoc on addresses. Was the address put in the lease and computer incorrectly? If so, it ends up carrying over onto the Three Day Notice, and possibly you will not find out the mistake until it is too late. Some addresses contain internal company codes that have nothing to do with the real address. Get rid of them. They are useless and should not be on the Three Day Notice. If an address is slightly incorrect, the process server may encounter a resident who indicates the address on the court paperwork is wrong, and that the correct resident lives across the hallway. The process server then walks to the correct door, knocks, gets no answer and posts the papers on the door. No problem, right? Wrong. The eviction goes along, you get a final judgment, and when the sheriff goes to serve and execute the writ of possession, your case is TOAST. The sheriff will NOT serve the papers to any other address than that on the eviction papers, and remember that that address was WRONG. You might actually have to start the eviction all over again from scratch depending on the circumstances. Get the address correct and confirm. Finally, is the address on the door, or did someone rip off the number or letter? Never assume the sheriff will decide what door is the correct door. Assume that if there is any doubt, the sheriff will non-serve the writ of possession,

The Date

The date of the notice is the date that you are serving the notice: not the day before, not the day after. It is the date you or a staff member is actually going out and serving the notice. Sometimes notices are prepared, and there is no time left in the day to serve them, so they sit on the desk and are served the next day. No harm done you think, but the date is wrong. You then sloppily change the date if you notice it, or try to say that the date on the bottom of the notice, the “Certificate of Service” section, is correct. While this may be the case, the top date of the notice is wrong or sloppily changed and causes the Three Day Notice to be defective or look defective. Sometimes the date is not just one day off but can even be a month or more off. How does this happen? Your computer system generates a wrong date, or you pull up a Three Day Notice from the month before and forget to change the date. These dating mistakes happen all the time and can be fatal to your case.

What Does the Resident Owe?

The resident owes what the computer says they owe, right? Technically this may be correct, but you can ONLY put RENT on a Three Day Notice. What is rent? Rent is what your lease says indicates is rent, and this may include late charges, periodic charges such as washer and dryer fees, and other charges, but the real “rent” is what your attorney tells you is rent. Some judges do not allow anything but base rent on the Three Day Notice, prohibiting all late charges, and will throw a case right out of court if he or she sees amounts that are not base rent. How would you have known this? After all, at the prior property you managed, this was not a problem. You must ask your attorney what is permissible to put on the Three Day Notice. It does not matter what your company says is rent or what is actually owed; it only matters what the judge will allow on the Three Day Notice. The amount you put on the Three Day Notice should be an exact amount. It should not grow with time. Writing things like, “plus $5 a day”, can and often does render the notice fatally defective. There are long lines of cases growing each day in which judges have thrown out the Three Day Notice for this exact reason. But your company wants you to put this on the notice!! Go ahead. Follow your company’s advice, but remember that if you file the eviction with the incorrect wording, your risk of having the case being thrown out increases exponentially. The problem really lies in your company wanting to collect the money, and rightly so. If your company insists, prepare the Three Day Notice with whatever you want on it, BUT be prepared to prepare and serve a NEW Three Day Notice and wait the required time period for expiration if you are going to file the eviction action. Got away with putting any amount you wanted on the Three Day Notice in the past? Do what you want. You have been warned.

The Expiration Date of the Three Day Notice

When you serve a Three Day Notice, you cannot count the date of service, and it expires 3 business days after the date of posting after you exclude Saturdays, Sundays and court observed legal holidays. Serve the notice on Monday? It expires on Thursday as long as Tuesday, Wednesday or Thursday are not court observed legal holidays. What is a court observed legal holiday? It is a legal holiday when the judges are not working. The “court” is observing the holiday. You most likely had to work that day, BUT the judges did not; therefore, it is a court observed legal holiday. Does your attorney provide you with a holiday list? Call and check if you are not sure. We provide a list each year of the court observed legal holidays and each month without fail tell you what they are on our Email Newsletter. Read it! There is NO excuse for forgetting legal holidays when counting the three business days. NONE. Mark your calendar, and make sure you always ask your attorney if there are any court observed legal holidays, or if you are not sure, just consider the day a court observed legal holiday, and you will be safe. Some court observed legal holidays actually pop up by surprise. How does this happen? The judges get together, meet and decide that a particular day, often a religious holiday will be a court observed legal holiday, and so it happens. Will you know this? Most likely not, BUT your attorney will, so you need to ask. Sometimes we get asked if Halloween or Valentine’s Day is a legal holiday. Funny, huh? At least the property manager is keenly aware of the importance of excluding court observed legal holidays, so it certainly is not in the “stupid question” category.

The Resident Did Not Pay by Closing Time

Nothing in the law provides that the resident must pay you by office closing time. The law indicates the resident has three business days to pay, not including Saturdays, Sundays or court observed legal holidays. This business of trying to say that a resident did not pay on time because he dropped off the check in the drop box at midnight will only cause you grief. If the money is in the drop box in the morning, consider that he paid within the time period allotted by the Three Day Notice. When you try to jam a resident and refuse the rent or hit them with additional late charges, you are just asking for trouble with judges, who can see right through the refusal of rent. Oftentimes under this scenario, a judge will determine that you really just want the resident out, and that even though a Three Day Notice for unpaid rent was given, the eviction is really about other beefs you have with the resident. Judges were not born yesterday, and your eviction is not the first one they have seen. Most deal with hundreds or thousands of these cases a year.

Late Charges

The law does not address late charges; therefore, it is not clear what is legal or not to charge. What we do know is that when a judge sees incredibly high late charges, the judge can decide to throw the whole case out. Charging a resident $400 for rent plus $700 accumulated late charges is an outrage, but we sometimes see this scenario, usually because the computer program continues to hit the resident for late charges if there are any balances owed, no matter how small. Property managers who continue to accept rent from a resident without demanding that the resident pay the late charge set themselves up for failure. The managers we work with who are most successful at collecting late charges will refuse the late rent payment if it does not include the late charges, and this sets the tone early on with the resident for future payments. Want to keep accepting rent and letting late charges build up until your regional manager has a fit? Go right ahead. A similar dynamic applies when you fail to collect the water charges, and they build up each month. You will pay the price when your attorney refuses to file the eviction with a Three Day Notice with excessive late or non-rent charges. Someday we may have legislation which sets limits on late charges, but until such time, check with your attorney to see if your late charge policy is in line with what the judges in your areas are currently allowing.

Extraneous Writing on the Three Day Notice

Many property managers place statements on the notice like, “Only Money Orders or Certified Funds will be Accepted”, or, “No Checks Will Be Accepted”. Where did this come from? If the lease does not clearly allow the property manager to demand payment in this particular form, you cannot demand it on the Three Day Notice. Never hand-write any little messages or notes on the Three Day Notice. Stick to the proper form as provided for you by Florida law, and keep the little notes or messages off the Three Day Notice.

Some Final Words

Many of you reading this article have heard it all and seen it all before, but simply are following your company’s direction or preparing the Three Day Notices the same way for years. Take the time to call your attorney and speak directly with your attorney, not just a paralegal or secretary, and almost universally, you will hear confirmation of everything you have read in this article. Most of the larger landlord/tenant law firms have been around long enough to see how things have indeed changed, and it is time to change with the times or be in for an expensive surprise. When your attorney turns down an eviction or tells you to redo and reserve your Three Day Notice, your attorney is not making any money. They don’t want to tell you the bad news or disappoint you. Your attorney is looking out for the best interests of you and your company.

 

“Serving the Property Management Professional”

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

There will come a time when a resident who has vacated the premises owing you money returns and tries to make payments arrangements to pay what is owed to you. In other situations, a current resident may fall seriously behind or owe you for something due under the lease, such as an accumulated water bill, a bounced security deposit check or some damages they did to the premises. The form you use will determine the action you can take in the event the resident fails to pay pursuant to the arrangement you have made. Unfortunately, we always need to be prepared for what will occur when the resident fails to abide by an agreement. An agreement without consequences is useless, and using a wrong agreement can often be worse than using nothing at all. This article will examine a very common form known as a promissory note and a less common form developed by our office called the Past Due Amounts Workout Agreement. These forms are not the same and are to be used in specific situations.

The Promissory Note

A promissory note is simply an agreement when one party agrees to pay another party a particular past due sum or currently due sum on a particular date or dates.

When Should it be Used?

A promissory note should be used only with a PAST or departing resident who owes you money and desires to pay you on a certain date or dates according to the payment arrangement spelled out on the promissory note. Never should it be used with a current resident. The resident may vacate owing you past due rent, late charges, unpaid utility bills or anything owed under the terms of the lease or Florida law. This will memorialize the debt in writing and can be used later if the past resident defaults, and you wish to pursue the debt.

When Should a Promissory Note Never be Used?

A promissory note should not be used with a current resident who owes you money. This is a common mistake by managers. This is the scenario: the resident will be in default for 2 months’ rent in the amount of $1600.00. The manager, thinking that the promissory note is the way to go, will write up the document stating that the resident owes $1600.00 and will pay $200.00 per week beginning on a particular date until paid in full. Now for the problems. First, unless the promissory note clearly states that the amount is “rent” due under the terms of the lease, the manager may have unwittingly converted past due rent into simply a monetary obligation for which he will not be able to evict the resident using a Three Day Notice! The second problem is that if the resident fails to make a payment, what is owed: the full balance all at once, OR only that missed payment? Without an acceleration clause in the promissory note, the resident will only be in default for that one payment, rather than the whole amount. This was certainly not the intention of the manager when the promissory note was created.

Procedural Aspects of the Promissory Note

Filling out a promissory note incorrectly can be worse than not ever having one. Take your time, and fill out all the dates and amounts carefully, have the document signed, preferably with 2 witnesses. If a person other than the actual debtor is going to give you a promissory note, the signature of that person MUST be witnessed by 2 witnesses per Florida law. It is not necessary to have the document notarized, but certainly will not hurt if the debtor tries to say that he or she did not sign the promissory note. The payment plan, if any, dates and amounts should be spelled out with as much particularity as possible. Having the exact date and amount of each payment clearly listed out is preferable to stating “$200.00 per week”, and not having a starting date can really cause a problem. You will see that the sample promissory note below has an “acceleration clause”. The purpose of this clause is to make the full balance due and owing immediately if a payment is missed. We do not recommend that this acceleration clause ever be used maliciously, but allowing deviation from a payment plan can adversely affect enforceability of the promissory note, much as accepting rent late over and over again can cause a waiver and estoppel issue. You may notice this wording in the promissory note: “In the event the payments are not timely made, the acceptance of the payment(s) late or in partial amounts not according to the above schedule shall not constitute a waiver in any way of the creditors”. While you would think that this would prevent a waiver from occurring, in reality, your course of conduct may still create a waiver.

THE SAMPLE “PROMISSORY NOTE”

THE UNDERSIGNED HEREBY AGREE THAT AS OF ___________ (DATE) THE SUM OF$_________________________________________ IS OWED TO _______________________________________________. (INSERT NAME OF MANAGEMENT COMPANY, APARTMENT COMMUNITY, YOUR NAME)

THE UNDERSIGNED AGREES TO PAY ABOVE DUE AMOUNT OWED IN THE FOLLOWING MANNER :( INSERT EXACT PAYMENT SCHEDULE)

$________ DUE _________
$________ DUE _________
$________ DUE _________
$________                                         DUE                                         _________

IN THE EVENT THE UNDERSIGNED FAILS TO MAKE THE ABOVE PAYMENTS IN THE MANNER PRESCRIBED, THE FULL AMOUNT OF THE DEBT MINUS ANY AMOUNTS PAID SHALL BE DUE AND PAYABLE IMMEDIATELY. IN THE EVENT THE PAYMENTS ARE NOT TIMELY MADE, THE ACCEPTANCE OF THE PAYMENT(S) LATE OR IN PARTIAL AMOUNTS NOT ACCORDING TO THE ABOVE SCHEDULE SHALL NOT CONSTITUTE A WAIVER IN ANY WAY OF THE CREDITORS. IN ANY LITIGATION, THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ATTORNEY'S FEES AND COSTS.

THE UNDERSIGNED AGREES THAT THIS CONSTITUTES THE ENTIRE AGREEMENT REGARDING PAST DUE AMOUNTS AND ANY MODIFICATION TO THIS AGREEMENT MUST BE IN WRITING TO BE CONSIDERED VALID.

Dated: ___________________

_____________________________

NAME

_____________________________
Witness

_____________________________
Witness

The Past Due Amounts Workout Agreement

When Should it be Used?

This form should be used if a manager wishes to make payment arrangements with a CURRENT resident on past or current amounts owed by the resident. This is a resident who is currently residing on the premises and intends to stay and pay the amounts owed.

What Can Be Put on the Past Due Amount Workout Agreement?

Rent, late charges, bounced security deposit check, damages the resident has caused, and any other amounts due to the manager all can be put on this agreement. The major difference here is that the resident is living on the premises, and the manager needs to not only memorialize the debt in writing, but also needs to be able to take swift definitive action to REMOVE the resident in the event the resident fails to pay according to the agreement. Unlike the promissory note, the Past Due Amounts Workout Agreement converts the amount due completely into RENT. If that “rent” is not paid as per the agreement, the manager can then put the amount on a Three Day Notice and proceed with an eviction. Again, an acceleration clause is used which will make the full amount owed at once if the resident fails to make the payments per the agreement. We have seen many situations in which the manager used a homemade agreement, puts in all the payment amounts and due dates, only to find out that when the resident defaulted, all the manager could put on the Three Day Notice was the missed payment, or possibly, was not able to use a Three Day Notice at all, causing confusion and delay.

Procedural Aspects of the Past Due Amounts Workout Agreement

The same procedures should be used as with the promissory note. Specific payment dates and amounts should be listed. If there is more than one resident on the lease or residing on the premises, get ALL residents to sign. This is crucial.

THE SAMPLE “PAST DUE AMOUNTS WORKOUT AGREEMENT”

The undersigned Resident(s) hereby agree that as of _____________________ (DATE) the sum of _______________ is owed to Manager for the following
__________________________________ (List things like past due rent, bounced check, check charges, utilities etc)

In addition to all other amounts which may become due under the terms of the tenancy or Florida law, Resident(s) agree to pay the past due amounts owed in the following manner: (insert exact payment schedule)

$________ DUE _________
$________ DUE _________
$________ DUE _________
$________                                         DUE                                         _________

In the event Resident(s) fail to make the above payments in the manner prescribed, the full amount of the original debt minus any amounts paid shall be due and payable immediately as rent and Resident may be served with a Three Day Notice for these amounts owed. Failure by Manager or its agent to serve a Three Day notice in the event the payment(s) are not timely made, or the acceptance of the payment(s) late or in partial amounts not according to the above schedule shall not constitute a waiver in any way of the Manager's rights, and Manager and/or its agent may still serve a Three Day Notice demanding full payment at any time if Resident(s) are in default.

Resident(s) agree that this constitutes the entire agreement regarding the above mentioned past due amounts owed, and any modification to this agreement must be in writing to be considered valid.

Dated: ___________________

__________________________
RESIDENT

_____________________________
Witness

_____________________________
Witness

 

“Serving the Property Management Professional”

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

If you were to ask a typical manager if they would ever engage in a prohibited practice, you would most likely get a resounding “of course not”. Most managers realize that self- help evictions are no longer allowed, and doing drastic things like taking off the resident’s door will certainly result in a lawsuit these days. Florida Statutes Section 83.67 clearly lists out the prohibited practices and imposes a penalty of 3 months’ rent to the resident, plus the manager will have to pay the resident’s attorney’s fees in the event an attorney is involved with the case. Many attorneys will readily take a prohibited practices case if it is clear that the manager is in violation, and the various legal aid organizations have a list of attorneys in private practice who will take these on a referral basis. Surprisingly, many managers commit prohibited practices intentionally and unintentionally to this day, and are often found in court having to pay significant sums of money to the resident. It is not relevant that the resident may not have paid rent for months or is the world’s worst resident. The case will completely hinge on whether or not the manager committed a prohibited practice. This article will examine Florida Statutes 83.67 and focus on some common prohibited practices that even the most seasoned professional manager commits without even realizing it.

Interruption of Services

A common problem that arises is when the resident is supposed to put the electricity in their own name and either does not do so, or the electric service reverts back into the owner’s name if the resident has service and then fails to pay for such service. The latter situation is extremely common in apartment communities where the arrangement with the electric company is to have the electric service on in the apartment community’s name unless it is in the resident’s name. Commonly, the manager discovers that the electric service is in his or her name, and rightly upset, decides to call the electric company, tell the electric company that is was supposed to be in the resident’s name and then tells the electric company to shut off the electric. In single family home rentals, the resident’s failure to put the electric in their own name is usually discovered when the out of state owner receives a huge electric bill and calls the property manager. The actual manager or the property manager thinks it is then permissible to call the electric company and tell them to shut it off. In the apartment setting, the on-site property manager usually discovers this when the bill comes in. In both cases, it is a prohibited practice to directly or indirectly shut off the electric. Directly would mean that you called the electric company and told them to take it out of your name; indirectly would be to fail to pay for the service if the manager received a shut off warning. Our office receives calls concerning this issue on a regular basis, and many of our clients either ask if they can have the electricity shut off or have already done so. As you can see, this prohibited practice is alive and well!! Electricity is not the only utility covered under “service”. The statute also includes water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration and although not mentioned, the court may interpret cable, satellite or phone as a service. The key to avoiding the problem is to make sure that the services are not on when the resident moves into the unit and avoid any situation where the services revert to the manager in the event the resident fails to pay.

LAW FS 83.67(1) No manager of any dwelling unit governed by this part shall cause, directly or indirectly, the termination or interruption of any utility service furnished the resident, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the manager.

Lockout of the Resident

Locking out a resident as a means of self-help eviction was legal a very long time ago. It is legal no more, and most managers would never do such a thing, so you may think. Suppose you are trying to get the resident to come to the office to see you. You change the locks and put a note on the door asking the resident to come to the office. The resident comes home at 7 pm, the office is closed, and he is locked out. Prohibited practice? You bet. You can never change the locks on a resident’s door to “get the resident’s attention” or for any reason; unless the resident requests that the locks are changed. Now what about a situation where one resident asks you to change the locks? You oblige, and a week later the other resident on the lease comes to you and says he or she can’t get in, as her co resident/roommate changed the locks. Are you required to let this person in? If they are on the lease, you are, and your failure to let them in could result in a prohibited practices charge against you. We recommend that in any case where a resident wants a lock changed; all the residents put this in writing on one request form.

LAW FS 83.67(2)A manager of any dwelling unit governed by this part shall prevent the resident from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device

Armed Forces Discrimination

Is it risky to rent to someone in the United Stated Armed Forces? Absolutely. The laws protecting service members have been broadened not only to allow them to break their lease if they go on active duty, but to allow an active duty service member to break a lease to move onto base housing which could be right down the street. The recent law changes have made many managers hesitant to rent to service members, and some managers have decided to try to avoid renting to service members at all costs. A few years ago, this was not considered a prohibited practice, but now it is.

LAW FS 83.67(3) No manager of any dwelling unit governed by this part may discriminate against a member of the United States Armed Forces in offering a dwelling unit for rent or in any of the term of the rental agreement.

Display of Flags

Most leases have clauses which prohibit hanging any items from the premises. Often managers have to deal with situations where a resident hangs clothing, banners or flags from their balcony. These could be anything from a sports related flag or banner to a large flag from the resident’s country of origin. A few years ago, the law was specifically changed to make to a prohibited practice to prohibit a resident from displaying a United States flag on the premises in accordance with the law. There is no exception in the law for managers of single family homes or condo in condo associations or homeowner's associations.

LAW FS 83.67(4) - A manager may not prohibit a resident from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and one-half feet by 6 feet, in a respectful manner in or on the dwelling unit, regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The manager is not liable for damages caused by a United States flag displayed by a resident. Any United States flag may not infringe upon the space rented by any other resident.

Abandoned Property and Removal of Items

Removal of Items: As we mentioned previously, most managers are keenly aware that you cannot remove a resident’s door in a self-help eviction situation. This prohibition also extends to locks, roof, walls and windows. The only exception to this would be for a manager to remove such items for the purposes of maintenance or repair. Some unscrupulous managers remove such items under the guise of making a repair on the item and delay the repair so as to influence the resident to vacate.

Abandoned Property: Abandoned property removal is one of the most common prohibited practices committed by even the best managers. The usual cases involve those where the manager thinks the items are abandoned, when in actuality they are not, and the manager then disposes of the property, only for the resident to come back and demand the property. The manager can be charged with a prohibited practice, conversion, civil theft and even criminally. It is crucial that the manager knows what abandoned property is and has the proper wording clearly in the lease. The lease wording is as follows:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
 

Even with the proper lease wording, the unit must be “abandoned” before the manager can dispose of the “abandoned property”. Legal abandonment has nothing to do with what our common sense may tell us. Abandonment is defined in the law, and if all the elements of abandonment are not present, the items left behind are not abandoned property.

Self-Help and Personal Property

The resident has junk outside their door, cars parked on the front lawn, bicycle chained to the railing, chairs in the breezeway and a lanai full of everything, including the prohibited gas grill. Code enforcement is citing the property each day. Can the manager clean up the place and throw out any of these items? They should be able to, but unfortunately the law would most likely consider this a prohibited practice, subjecting the manager to the 3 month rent penalty, attorney’s fees, conversion charges, civil theft charges and possible criminal charges. The manager’s only recourse is to serve the resident with a proper 7 Day Notice of Non Compliance with Opportunity to Cure and treat this like any other lease and/or law noncompliance.

LAW FS 83.67(5) A manager of any dwelling unit governed by this part may not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the manager may not remove the resident's personal property from the dwelling unit unless the action is taken after surrender, abandonment, or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the resident, the manager is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the resident's personal property; if provided in the rental agreement there must be printed or clearly stamped on such rental agreement a legend in substantially the following form: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
 For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).

What are the Penalties for Committing a Prohibited Practice?

The easy answer as mentioned before is 3 months’ rent plus attorney’s fee and court costs in the event the resident decided to hire an attorney. Unfortunately the penalty could be much higher, and potentially one prohibited practice could contain multiple violations and increase the penalty. We dealt with a case where a manager had shut off the electricity, which in turn shut off the well pump and the result was a 6 month rent penalty plus attorney’s fees. We have seen numerous cases of self-help cleaning up of the property where the resident’s property was thrown away resulting in thousands of dollars being paid out to the resident. The electric shut off by the manager when he or she realizes the resident has not put the electric in the resident’s name is a common occurrence. Prohibited practices are alive and well. Follow the law and exercise caution. Common sense and instinct have absolutely nothing to do with the law.

LAW FS 83.67 (6) A manager who violates any provision of this section shall be liable to the resident for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief. (8) The remedies provided by this section are not exclusive and do not preclude the resident from pursuing any other remedy at law or equity which the resident may have. The remedies provided by this section shall also apply to a service member prospective resident who has been discriminated against under subsection (3).

 

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Many Three Day Notices are prepared improperly or incorrectly by the residential property manager. While seemingly simple and straightforward, there are many pitfalls along the way which can result in a notice being technically defective. Most if not all of the mistakes made in the preparation of the Three Day Notice are completely avoidable and unnecessary, but it takes some knowledge of the Three Day Notice and a respect for the legal importance in doing it right.

WHY IS A THREE DAY NOTICE NECESSARY?

Florida law states that a manager must serve a Three Day Notice when a resident is late with the rent, giving that resident three business days to pay the rent or vacate. Many managers have trouble accepting that a resident has the right to be given this notice when the resident is delinquent, often each month. Why can’t the manager just evict the resident if the resident fails to pay on time? The manager can, but only after allowing the resident a legal “grace period” of three business days after the date that the rent is due, according to the terms of the lease agreement. No matter how many times the resident has been late, the manager cannot attempt to terminate the tenancy if a valid lease is in place without first serving the Three Day Notice, waiting for payment, and then not receiving the payment within the three business day time period as the notice allows.

SUPPOSE A THREE DAY NOTICE IS PREPARED INCORRECTLY?

If the Three Day Notice is prepared incorrectly, and the manager files the eviction based upon the incorrect notice, there is a high probability that the eviction will be successful if the judge fails to look carefully at the notice, the resident fails to bring this up to the judge if the resident files an answer with the court, or the resident fails to hire an attorney who will most certainly bring this up to the court. Why take any chances? More and more residents are hiring attorneys, and many attorneys are targeting residents as potential clients and actually soliciting their business. A proper Three Day Notice is what is called a “jurisdictional requirement”, which means that the court does not have the jurisdiction or “power” to grant the manager a Final Judgment of Eviction if particular aspects of the Three Day Notice are incorrect. A properly prepared notice is a prerequisite to the filing of the eviction action. If the notice is prepared incorrectly, many courts, if it is brought to their attention, will dismiss the eviction action, causing the case to be considered dead and requiring the manager to start over again from scratch. Worse yet, if the resident hires an attorney, there is a high chance that the manager will be required to pay the resident’s attorney’s fees and costs. These amounts could easily exceed $1000.00 and often do. The key is to simply prepare the notice correctly.

THE MECHANICS OF THE NOTICE

FORM – The suggested form of the Three Day Notice is found in Florida Statutes, and a proper form can be found in this legal guide. Many managers get notices out of “do it yourself manager” books, which are general notices that do not substantially comply with the requirements of Florida Law. There are a number of computer programs that also provide Three Day Notice that are not in compliance. Some are called “Notice to Vacate”, “Notice to Quit”, “Notice to Pay and Vacate”, “Eviction Pending Warning” or some other variation. These notices should never be used. The first step is to be using the proper form of the Three Day Notice, and avoid writing any extraneous notes or messages anywhere on the notice.

ADDRESSING THE NOTICE-- The Three Day Notice should be addressed to all adult residents who are lease signers and any other adult occupants from whom you may have accepted rent. Full names should be used, and these names need to carefully match the spelling and form as the names appear on the lease agreement. If the spelling on the lease is incorrect or incomplete, make sure the Three Day Notice names reflect both the correct spelling and the spelling as it appears on the lease. For example, if the lease says John Smith and you are aware that the correct spelling is John Smythe, on the notice you would write John Smith a/k/a John Smythe. You should never give a judge a reason to question your notice. Too much information here is better than too little. Saying Mr. and Mrs. is also incorrect and unnecessary. The address listed on the notice must be the exact address where the resident resides. If the unit is the “left” side or the “upstairs” unit, this must be clear on the notice. Many apartment communities have internal codes that the computer prints out, and these should not appear in the address. If the address is Apartment 105 in Building 3, this needs to be spelled out. Simply saying 3-105 just might cause confusion and should not be done. Additionally, the exact street address of the unit must be in the address section, even if the apartment community or condo has one address, one street and only the unit or building numbers are different.

DATING THE NOTICE-- If you are hand delivering or posting the Three Day Notice on the premises, the notice needs to be dated on the date that it is served, and the expiration date of the notice must be no less than 3 business days in the future, not including Saturdays, Sundays or legal holidays. A notice can be served on a Friday, Saturday or Sunday and would still expire on the following Wednesday, as you never count the day of service of the notice, and assuming that Monday, Tuesday or Wednesday are not legal holidays. Always be sure that you know what the holidays are, as this is a huge source of incorrect notices. We strongly recommend against mailing a Three Day Notice, as there are dating and expiration considerations which can result in the notice being far longer than three business days. If you are going to mail a notice, please call your attorney first, as there are other technical requirements.

WHAT CAN YOU DEMAND ON THE THREE DAY NOTICE? -- RENT ONLY!! We cannot stress this more. The law only allows you to put rent on a Three day Notice and absolutely nothing else. What is rent? Rent is defined in Florida law FS 83.43(6) as “the periodic payments due the manager from the resident for occupancy under a rental agreement and any other payments due the manager from the resident as may be designated as rent in a written rental agreement”. This means rent is the usual monthly base rental payment, periodic items such as a washer and dryer fee if defined as additional rent, and other items which your lease deems to be additional rent, such as late charges, bad check charges, utility charges and any other charged deemed as “additional rent” in the lease. A word of warning here is necessary though; even if your lease defines these items as “additional rent”, a minority of judges still will not permit you to put anything other than the normal monthly recurring rent on the Three Day Notice. You always need to confirm with your attorney to see if a particular judge is doing this. We recommend that if you are putting late charges on your notice, and the lease properly defines late charges as “additional rent”, you write the amount out as follows: “November rent of $650.00 plus $25.00 late charge as additional rent, TOTAL $675.00”. Your lease may have per diem or daily late charges that accrue as the rent becomes more delinquent. We strongly urge that you NEVER say “plus $5.00 per day” on your notice, as it causes the notice to be confusing and ambiguous. The resident should be able to look at the notice and know exactly what is owed without having to do any math. If you feel the absolute need to try to demand anything else other than rent on a Three Day Notice, or have excessive accumulated late charges that you are trying to collect, you can go ahead and serve anything you want but it is risky. Just remember that is you intend to follow through with an eviction, you will have to serve a new Three Day Notice before any ethical and self-respecting attorney will use your notice to file an eviction action.

WHERE DOES THE RESIDENT PAY THE RENT? -- Some managers like to have a post office address where the rent is to be paid. We strongly recommend against this, since if you allow a resident to pay by mail, the resident has five additional days to pay, mail gets lost, and all kinds of problems arise. You should have the resident pay at the office, and if you have a drop box or mail slot, be aware that many cases have been lost due to residents claiming that they have dropped the mail after hours and then blame you for the missing money.

FILLING OUT THE CERTIFICATE OF SERVICE-- Once you have prepared the notice carefully and used the Three Day Notice Checklist, you have thoroughly understood how to serve the notice and you have properly served the Three Day Notice, it is crucial that you fill out the Certificate of Service at the bottom of the notice stating how you served the notice, and if personally served, to whom the notice was served. The date on the Certificate of Service must correspond to the date at the top of the notice and should not be confused with the expiration date on the Three Day Notice that is within the body of the notice.

CAN YOU REFUSE CASH OR PERSONAL CHECKS? -- We urge all our clients to never accept cash. In order to successfully refuse cash, it is imperative that your lease states this rule, and that you stick by it. Accepting cash just one time can nullify your rule. If a resident comes in on the last day of the Three Day Notice with cash and you refuse it, demanding a cashier’s check or money order, we do not recommend charging any additional late charges to the resident for the day it may take to comply with your request, thus avoiding a potential conflict with the lease terms and Florida law. Often a manager will not want to accept a personal check on late rent or from a resident who has bounced a check in the past. Clearly, if your lease allows you to refuse a personal check at any time or for late rent, you are permitted to do this. It is crucial that you examine your lease and make sure that it gives you the latitude to refuse a personal check at any time. Again though, if you have accepted personal checks when the rent was late or after the resident had bounced a check, you may have a problem, as the courts consider this act of yours as creating a waiver or a modification of the terms of your lease.

THE RESIDENT OFFERS TO PAY THE RENT, NOW WHAT? If the resident attempts to pay the full rent as properly demanded prior to the expiration of the Three Day Notice, the manager must accept the rent. Often the manager is fed up with the resident not paying on time, tired of giving Three Day Notices or really wants the resident out for some other non-rent related reason. The manager must accept the rent. Failure to accept the rent and then attempting to file an eviction action will result in an unsuccessful eviction if the resident fights the case and especially if the resident deposits the rent into the court registry and receives a trial in court. Occasionally the resident will attempt to pay partial rent to the manager. The manager is permitted to take the rent that the resident offers, but should then immediately serve the resident a new Three Day notice with the balance owed. Continually accepting partial rent can establish a pattern and a potential waiver which could make it more difficult to evict the resident at a future time. If the resident attempts to pay the rent without the late charges, and your lease permits you to apply payments made to outstanding balances such as late charges first, a rent balance will remain for which you can serve a Three Day Notice. It is imperative that the resident knows exactly how you applied the payment so there is no confusion, with the resident thinking that the rent has been completely paid, rather than some of the payment having been allocated to late charges. If the resident attempts to pay the rent shortly after the Three Day Notice has expired but before you have filed an eviction, should you accept the rent? We say “YES” emphatically. The name of the game is rent collecting. Judges will question your motives as to why you did not accept the rent, and if the reason was non-rent related, you stand a higher chance of losing the eviction action.

SUPPOSE YOU ARE HOLDING A LAST MONTH’S RENT AND IT IS THE LAST MONTH OF THE LEASE? -- If you are holding a last month’s rent, you have no intention of renewing the tenancy, and it is the beginning of the last month of the lease, you would not want to prepare a Three Day Notice. If the resident paid, this would imply that you are extending the lease for another month and/or creating a month-to-month tenancy. If it is the last month of the lease, and you are not intending to renew or allow the resident to remain as a month-to-month resident, send the resident a Notice of Non-Renewal with a note stating that you are applying the last month’s rent at that time.

REFUSING AND/OR RETURNING THE RENT -- If the Three Day Notice has expired, and after careful consideration of the potential consequences, preferably after discussing this with your attorney, you decide that you are going to refuse the rent, we recommend that you have a witness with you. If the resident has paid the rent after the Three Day Notice has expired by giving it to a staff member or leaving it in a drop box, you must return the rent immediately to the resident, or it will be deemed accepted by you by the court. We recommend that you personally deliver the rent back to the resident, or in the resident’s absence, place a note on the door to the resident stating that the rent will not be accepted and notifying the resident that the rent is immediately being mailed back to him or her. Do your mailing by certified mail. While you can write “void” on a check, never take a money order and write “void” across the front, as this can create a serious problem for the resident attempting to cash this money order. Never place a money order or check in an envelope and tape it to the resident’s door. If you have accidentally deposited a resident’s funds, it is better to consider that you have accepted the rent money. You never want to deposit a resident’s check and then write a check from your account back to the resident, as the resident can stop payment on the check he gave you, and now you just paid the resident for giving you a bad check.

THE THREE DAY NOTICE EXPIRED AND THE RESIDENT IS ASKING FOR A FEW DAYS TO MOVE-- If this occurs, we recommend that you get the resident to sign an AGREEMENT TO VACATE. This will memorialize the date that the resident is leaving, and if you end up having to file an eviction, the resident will be less apt to succeed in defending on a money issue, as the resident has signed an AGREEMENT TO VACATE for a date certain and has failed to vacate.

 

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NOTE THAT THIS APPLIES ONLY TO CARES ACT COVERED PROPERTIES

 

Many Thirty Day Notices are prepared improperly or incorrectly by the residential property manager. While seemingly simple and straightforward, there are many pitfalls along the way which can result in a notice being technically defective. Most if not all of the mistakes made in the preparation of the Thirty Day Notice are completely avoidable and unnecessary, but it takes some knowledge of the Thirty Day Notice and a respect for the legal importance in doing it right.

WHY IS A THIRTY DAY NOTICE NECESSARY?

HUD RULES state that a manager must serve a Thirty Day Notice when a resident is late with the rent, giving that resident Thirty straight days to pay the rent or vacate. Many managers have trouble accepting that a resident has the right to be given this notice when the resident is delinquent, often each month. Why can’t the manager just evict the resident if the resident fails to pay on time? The manager can, but only after allowing the resident a legal “grace period” of Thirty business days after the date that the rent is due, according to the terms of the lease agreement. No matter how many times the resident has been late, the manager cannot attempt to terminate the tenancy if a valid lease is in place without first serving the Thirty Day Notice, waiting for payment, and then not receiving the payment within the Thirty day time period as the notice allows.

SUPPOSE A THIRTY DAY NOTICE IS PREPARED INCORRECTLY?

If the Thirty Day Notice is prepared incorrectly, and the manager files the eviction based upon the incorrect notice, there is a high probability that the eviction will be successful if the judge fails to look carefully at the notice, the resident fails to bring this up to the judge if the resident files an answer with the court, or the resident fails to hire an attorney who will most certainly bring this up to the court. Why take any chances? More and more residents are hiring attorneys, and many attorneys are targeting residents as potential clients and actually soliciting their business. A proper Thirty Day Notice is what is called a “jurisdictional requirement”, which means that the court does not have the jurisdiction or “power” to grant the manager a Final Judgment of Eviction if particular aspects of the Thirty Day Notice are incorrect. A properly prepared notice is a prerequisite to the filing of the eviction action. If the notice is prepared incorrectly, many courts, if it is brought to their attention, will dismiss the eviction action, causing the case to be considered dead and requiring the manager to start over again from scratch. Worse yet, if the resident hires an attorney, there is a high chance that the manager will be required to pay the resident’s attorney’s fees and costs. These amounts could easily exceed $2000.00 and often do. The key is to simply prepare the notice correctly.

THE MECHANICS OF THE NOTICE

FORM – The suggested form of the Thirty Day Notice is provided by our office. Many managers get notices out of “do it yourself manager” books, which are general notices that do not substantially comply with the requirements of Florida Law. There are a number of computer programs that also provide notices that are not in compliance. Some are called “Notice to Vacate”, “Notice to Quit”, “Notice to Pay and Vacate”, “Eviction Pending Warning” or some other variation. These notices should never be used. The first step is to be using the proper form of the Thirty Day Notice, and avoid writing any extraneous notes or messages anywhere on the notice.

ADDRESSING THE NOTICE-- The Thirty Day Notice should be addressed to all adult residents who are lease signers and any other adult occupants from whom you may have accepted rent. Full names should be used, and these names need to carefully match the spelling and form as the names appear on the lease agreement. If the spelling on the lease is incorrect or incomplete, make sure the Thirty Day Notice names reflect both the correct spelling and the spelling as it appears on the lease. For example, if the lease says John Smith and you are aware that the correct spelling is John Smythe, on the notice you would write John Smith a/k/a John Smythe. You should never give a judge a reason to question your notice. Too much information here is better than too little. Saying Mr. and Mrs. is also incorrect and unnecessary. The address listed on the notice must be the exact address where the resident resides. If the unit is the “left” side or the “upstairs” unit, this must be clear on the notice. Many apartment communities have internal codes that the computer prints out, and these should not appear in the address. If the address is Apartment 105 in Building 3, this needs to be spelled out. Simply saying 3-105 just might cause confusion and should not be done. Additionally, the exact street address of the unit must be in the address section, even if the apartment community or condo has one address, one street and only the unit or building numbers are different.

DATING THE NOTICE-- If you are hand delivering or posting the Thirty Day Notice on the premises, the notice needs to be dated on the date that it is served, and the expiration date of the notice must be no less than 30 straight days in the future. A notice can be served on a Friday, Saturday or Sunday but you never count the day of service of the notice.   We strongly recommend against mailing a Thirty Day Notice, as there are dating and expiration considerations which can result in the notice being far longer than Thirty business days. If you are going to mail a notice, please call your attorney first, as there are other technical requirements.

WHAT CAN YOU DEMAND ON THE  THIRTY DAY NOTICE? -- RENT ONLY!! We cannot stress this more. The law only allows you to put rent on a Thirty day Notice and absolutely nothing else. What is rent? Rent is defined in Florida law FS 83.43(6) as “the periodic payments due the manager from the resident for occupancy under a rental agreement and any other payments due the manager from the resident as may be designated as rent in a written rental agreement”. This means rent is the usual monthly base rental payment, periodic items such as a washer and dryer fee if defined as additional rent, and other items which your lease deems to be additional rent, such as late charges, bad check charges, utility charges and any other charged deemed as “additional rent” in the lease. A word of warning here is necessary though; even if your lease defines these items as “additional rent”, a minority of judges still will not permit you to put anything other than the normal monthly recurring rent on the Thirty Day Notice. You always need to confirm with your attorney to see if a particular judge is doing this.

We recommend that if you are putting late charges on your notice, and the lease properly defines late charges as “additional rent”, you write the amount out as follows: “November rent of $650.00 plus $25.00 late charge as additional rent, TOTAL $675.00”. Your lease may have per diem or daily late charges that accrue as the rent becomes more delinquent. We strongly urge that you NEVER say “plus $5.00 per day” on your notice, as it causes the notice to be confusing and ambiguous.

The resident should be able to look at the notice and know exactly what is owed without having to do any math. If you feel the absolute need to try to demand anything else other than rent on a Thirty Day Notice, or have excessive accumulated late charges that you are trying to collect, you can go ahead and serve anything you want but it is risky. Just remember that is you intend to follow through with an eviction, you will have to serve a new Thirty Day Notice before any ethical and self-respecting attorney will use your notice to file an eviction action.

WHERE DOES THE RESIDENT PAY THE RENT? -- Some managers like to have a post office address where the rent is to be paid. We strongly recommend against this, since if you allow a resident to pay by mail, the resident has five additional days to pay, mail gets lost, and all kinds of problems arise. You should have the resident pay at the office, and if you have a drop box or mail slot, be aware that many cases have been lost due to residents claiming that they have dropped the mail after hours and then blame you for the missing money.

FILLING OUT THE CERTIFICATE OF SERVICE-- Once you have prepared the notice carefully and used the Thirty Day Notice Checklist, you have thoroughly understood how to serve the notice and you have properly served the  Thirty Day Notice, it is crucial that you fill out the Certificate of Service at the bottom of the notice stating how you served the notice, and if personally served, to whom the notice was served. The date on the Certificate of Service must correspond to the date at the top of the notice and should not be confused with the expiration date on the Thirty Day Notice that is within the body of the notice.

CAN YOU REFUSE CASH OR PERSONAL CHECKS? -- We urge all our clients to never accept cash. In order to successfully refuse cash, it is imperative that your lease states this rule, and that you stick by it. Accepting cash just one time can nullify your rule. If a resident comes in on the last day of the Thirty Day Notice with cash and you refuse it, demanding a cashier’s check or money order, we do not recommend charging any additional late charges to the resident for the day it may take to comply with your request, thus avoiding a potential conflict with the lease terms and Florida law. Often a manager will not want to accept a personal check on late rent or from a resident who has bounced a check in the past. Clearly, if your lease allows you to refuse a personal check at any time or for late rent, you are permitted to do this. It is crucial that you examine your lease and make sure that it gives you the latitude to refuse a personal check at any time. Again though, if you have accepted personal checks when the rent was late or after the resident had bounced a check, you may have a problem, as the courts consider this act of yours as creating a waiver or a modification of the terms of your lease.

THE RESIDENT OFFERS TO PAY THE RENT, NOW WHAT? If the resident attempts to pay the full rent as properly demanded prior to the expiration of the Thirty Day Notice, the manager must accept the rent. Often the manager is fed up with the resident not paying on time, tired of giving Thirty Day Notices or really wants the resident out for some other non-rent related reason. The manager must accept the rent. Failure to accept the rent and then attempting to file an eviction action will result in an unsuccessful eviction if the resident fights the case and especially if the resident deposits the rent into the court registry and receives a trial in court.

Occasionally the resident will attempt to pay partial rent to the manager. The manager is permitted to take the rent that the resident offers, but should then immediately serve the resident a new Thirty Day notice with the balance owed. Continually accepting partial rent can establish a pattern and a potential waiver which could make it more difficult to evict the resident at a future time. If the resident attempts to pay the rent without the late charges, and your lease permits you to apply payments made to outstanding balances such as late charges first, a rent balance will remain for which you can serve a Thirty Day Notice. It is imperative that the resident knows exactly how you applied the payment so there is no confusion, with the resident thinking that the rent has been completely paid, rather than some of the payment having been allocated to late charges. If the resident attempts to pay the rent shortly after the Thirty Day Notice has expired but before you have filed an eviction, should you accept the rent? We say “YES” emphatically. The name of the game is rent collecting. Judges will question your motives as to why you did not accept the rent, and if the reason was non-rent related, you stand a higher chance of losing the eviction action.

SUPPOSE YOU ARE HOLDING A LAST MONTH’S RENT AND IT IS THE LAST MONTH OF THE LEASE? -- If you are holding a last month’s rent, you have no intention of renewing the tenancy, and it is the beginning of the last month of the lease, you would not want to prepare a Thirty Day Notice. If the resident paid, this would imply that you are extending the lease for another month and/or creating a month-to-month tenancy. If it is the last month of the lease, and you are not intending to renew or allow the resident to remain as a month-to-month resident, send the resident a Notice of Non-Renewal with a note stating that you are applying the last month’s rent at that time.

REFUSING AND/OR RETURNING THE RENT -- If the Thirty Day Notice has expired, and after careful consideration of the potential consequences, preferably after discussing this with your attorney, you decide that you are going to refuse the rent, we recommend that you have a witness with you. If the resident has paid the rent after the Thirty Day Notice has expired by giving it to a staff member or leaving it in a drop box, you must return the rent immediately to the resident, or it will be deemed accepted by you by the court. We recommend that you personally deliver the rent back to the resident, or in the resident’s absence, place a note on the door to the resident stating that the rent will not be accepted and notifying the resident that the rent is immediately being mailed back to him or her. Do your mailing by certified mail. While you can write “void” on a check, never take a money order and write “void” across the front, as this can create a serious problem for the resident attempting to cash this money order. Never place a money order or check in an envelope and tape it to the resident’s door. If you have accidentally deposited a resident’s funds, it is better to consider that you have accepted the rent money. You never want to deposit a resident’s check and then write a check from your account back to the resident, as the resident can stop payment on the check he gave you, and now you just paid the resident for giving you a bad check.

THE THIRTY DAY NOTICE EXPIRED AND THE RESIDENT IS ASKING FOR A FEW DAYS TO MOVE-- If this occurs, we recommend that you get the resident to sign an AGREEMENT TO VACATE. This will memorialize the date that the resident is leaving, and if you end up having to file an eviction, the resident will be less apt to succeed in defending on a money issue, as the resident has signed an AGREEMENT TO VACATE for a date certain and has failed to vacate.

“Serving the Property Management Professional”

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1. Tenant may break lease for whatever reason they come up with and prepaid rent can cause litigation.

 

2. Something may happen to the property and prepaid rent can cause litigation.

 

3. The tenant can file bankruptcy and you can be drawn into litigation by the Trustee regarding prepaid rent.
    
4. The tenant may be hiding money and this can be a fraudulent transfer so the rent may have to be frozen or returned to someone else.

 

5. You can’t give it all to the owner, you must give the monthly rent out each month.

 

6. It causes unnecessary excess money in your trust account and more trust accounting work.

 

7. The parties may divorce or one may vacate and this causes litigation.

 

8. The tenant may be in lease violation and prepaid rent will complicate the eviction and may cause you to lose.

 

9. The tenant may die and you can get dragged into a probate case.

“Serving the Property Management Professional”

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Collecting rent has been the biggest and most basic challenge of managers since the first cave was rented out in 1300 BC. Typically, residents are required to pay rent on a specific day of the month, the 1st being the most common day of payment. Situations arise in which residents are desirous of paying rent in advance, and most managers do not perceive this as a problem, but rather see it as a plus. Many reasons abound for a resident’s prepayment of rent. The resident may be going on an extended vacation or job assignment, may have come into a substantial sum of money, or simply doesn’t want to be bothered with making monthly payments and is willing to pay the entire term of the lease, possibly in exchange for a more favorable rent amount. In a perfect world, accepting prepaid or advance rent would be an advantage, but there are many dangers and pitfalls which should be considered before the decision is made to accept prepaid rent. Additionally, there are legal considerations which govern how the prepaid rent is held and disbursed.

The Law and Prepaid Rent

Florida Statutes require that advance rent be kept in the same account in which the security deposit is held. If interest is to be earned, Florida Law must be followed regarding the payment of this interest and notifications to the resident. The money can be removed from this account for use by the manager only as it becomes due. This would prohibit a manager from accepting prepaid rent from the resident and immediately utilizing it for the manager’s general purposes if it has not in fact become due. In a typical lease, the term is for a year, and the payments are made monthly. This means that the manager is only entitled to the rent when the due date arrives.

 Prepaid Rent and a Resident’s Unwarranted Breach

If the manager is holding prepaid rent, and the resident breaches the lease by vacating prior to the expiration date of the lease, the manager will be able to tap into that prepaid rent that is or should be held in the security deposit account only when it becomes due. Acceleration of rent is not looked upon favorably by the courts in Florida, so the manager would need to wait each month to be able to actually utilize the prepaid rent. The law is not entirely clear regarding any duty by the manager to try to re-rent the unit to mitigate their damages, because presumably, there are no damages if the manager is holding the rent. In the situation in which the resident breaches the lease with no legal basis whatsoever, having prepaid rent will definitely be advantageous to the manager.

Suppose the Resident Has a Warranted Breach?

Many residents who breach a lease by vacating prior to the expiration date have or will fabricate a legal reason why they are breaking the lease. Reasons may include a failure by the manager to provide peaceful quiet enjoyment of the premises to the resident, defects in the property, failure on the part of the manager to make a legally required repair, or a host of other reasons which seem to come out of left field and astound the manager when the breach occurs and the resident is demanding a refund of the prepaid rent. That perfectly nice resident, when faced with having to break a lease for a job transfer or divorce, will come up with novel or bizarre reasons why breaking the lease was completely warranted and legal under Florida law. It is bad enough that resident can completely fabricate reasons why he will break a lease when there is no prepaid rent in the picture, and this only gets worse and more common if in fact the resident has more at stake. Possibly the resident’s breach is completely warranted. Let’s say the resident just moved into an apartment. Two months after move-in, contractors begin replacing or repairing the concrete balconies. This resident, who coincidentally has a night job and sleeps during the day, now is faced with listening to jackhammers and construction crews all day long. Can this person break the lease? While the construction noise may not be the fault of the condo owner, it is clear that the resident’s peaceful quiet enjoyment of the premises is interfered with significantly. If there were no prepaid rent, the resident most likely would simply give notice and walk out of the lease, and the manager would have a difficult time enforcing the remaining balance of the lease, as this would probably be considered a good reason to break a lease by most judges. If there is prepaid rent, many managers will insist on keeping the rent, and many residents will insist on getting it back. The result? Litigation. In the event of litigation, the manager will be faced with trying to convince a judge that the resident’s breach was improper, illegal and unwarranted. The resident will have an entirely different story, and if there are attorneys involved in the case, it will often become a bad situation.

Is the Manager “Used” to Accepting Prepaid Rent?

Most managers are not accustomed to accepting prepaid rent. They are more accustomed to chasing after current or past rent owed! This increases the risk that the prepaid rent is mis-posted in the computer system that the manager uses for managing the property. Recently a client accidentally failed to post the rent prepaid by a resident. The computer system incorrectly showed that the rent was delinquent, the resident was evicted, and all his possessions were removed to the street. The resident returned a month later, only to find that all his possession were gone and that he had been evicted. The result? Most likely a lawsuit will be filed. If a manager is not accustomed to accepting prepaid rent, the danger increases dramatically.

The Conclusion

Are you convinced yet? Often things that appear good turn out to be fraught with dangers. We urge you to think long and hard before you deviate from the standard and time tested way of charging and accepting rent monthly.

 

“Serving the Property Management Professional”

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One type of eviction seems to generate the most confusion among property managers. Of course, I am referring to eviction for lease noncompliances other than nonpayment of rent. Why you ask? Evictions for nonpayment of rent are generally not complicated, because whether rent has been paid or not can usually be established fairly easily. Moreover, when the resident claims payment of a disputed amount, the resident has the burden of proof in court. On the other hand, attempting to evict a resident for criminal conduct or noise and disturbance related conduct can be very difficult. The reason these cases cause difficulty even for the most seasoned property manager is that judges require solid proof of bad activity on the part of the resident since rent was last accepted, and the burden of proof in this type of eviction case is on the manager. If you file your eviction case based on the resident’s conduct without strong, rock solid proof, then you risk losing your case. The repercussions of losing your case are enormous. First, the problem resident is allowed to remain on the premises, and often will continue to cause the same types of problems that led to the eviction action; neighboring residents will not be happy. Adding insult to injury, you may be held responsible for the resident’s legal fees and costs, an amount which could be quite substantial! Your Regional Manager will be none too pleased with that lousy outcome to your eviction case. A good attorney would counsel his or her client property manager to refrain from filing eviction lawsuits without the necessary proof. One source of information that is often needed to prove these kinds of cases are police reports. This article will serve as a guide to help the diligent property manager utilize police reports to help prove their lease noncompliance eviction actions. We will also point out the many myths and misconceptions that property managers have regarding police reports.

Police Reports are Inadmissible in Court

Jay is the community manager of a mid-sized apartment community. Over the past few months there has been a rash of burglaries. From the start, Jay had suspected Terrence and Lawrence to be the guilty parties, the residents in Apartment 2-B, as these issues began shortly after these residents moved in. Jay called his attorney and asked if he could evict based on the circumstantial evidence. Jay’s attorney told him that there was not nearly enough proof to cause a judge to approve an eviction of Terrence and Lawrence. Jay was disappointed, but was determined to remedy the burglary problem plaguing his community. Jay extended the hours that his courtesy officer was employed, and sure enough, one night the courtesy officer noticed Lawrence and Terrence kneeling in front of another resident’s window. The courtesy officer alertly called the local police who arrived on the scene. The police then caught the residents in the act of committing a burglary. The next day Jay obtained the report of the courtesy officer. Three days later Jay received his copy of the police report. Among the details in the police report was a notation that the resident was arrested, and the officer signed the report. An eviction was commenced, and Jay was unable to arrange for the courtesy officer or police officer to attend the hearing. Jay is stunned to learn that judge will not even look at the reports of either the courtesy officer or police officer, because they are “hearsay” and therefore inadmissible in court!

Explanation of “hearsay”

Hearsay is defined as an out of court oral or written statement offered to prove the truth of the matter being asserted. Many property managers believe that hearsay simply means that a person told you something, and you are prevented from admitting that statement into evidence at a court hearing. That is true to some extent, unless that person is in court with you. The reason is simple. If the witness cannot be called to the stand and cross-examined by the opposing party, then the statement is inadmissible. It would be unfair if you did not have the ability to cross-examine witnesses. However, there are many other types of evidence that property managers wrongly believe can be admitted in to evidence. For example, you cannot prove that a resident vandalized a unit by showing bills for the repairs to the judge, unless the vendor showed up in court with you and is a witness who could be cross-examined. The same applies to affidavits, whether they are notarized or not, estimates, and signed written witness statements, no matter how many. Whether it is 3 witness statements or 30, it is still hearsay, unless those residents or witnesses who authored the statements show up in court to testify. Likewise, if you have a police report in your possession which indicated the bad conduct on the part your resident, you are not getting that admitted into evidence, unless the officer who authored the report testifies in the court proceeding. It should be noted that the Florida law permits exceptions to the “hearsay” rule, including statements for the purpose of medical diagnosis and treatment, statement of a child abuse victim 11 years of age or less, and business records made at or near the time of the event, by a person with knowledge, kept in the course of normal business activity, provided that it was a regular practice of the business to make such a record. Police reports are not an exception to the “hearsay” rule in Florida. It should also be noted that in cases involving juvenile defendants, officers may be prohibited from testifying, which severely diminishes the value of the police report. Also, if an arrest is made by an undercover officer, typical in drug raids, the arresting officer’s name may be blacked out on the report, and you would not be able to have the officer testify in court. They might only testify in a criminal proceeding, not an eviction action, due to the confidential and dangerous nature of their job.

Police Reports Can and Will Help You Determine if Your Case is Strong.

It is essential that you are not surprised at your eviction hearing as to the facts of your case. A clear and detailed police report will help you determine if indeed the lease was violated. It should give you the relevant facts upon which you are basing your eviction. There should be dates and times and a narrative describing the improper conduct. If you believe that your resident committed a crime on the property, the police report better support that. For example, you may see an arrest take place right on the grounds of your apartment community. Does that mean that a crime took place on apartment community grounds? Of course not! Maybe there was an outstanding warrant, or the crime was committed 50 miles away. Many property managers locate the “Booking” report which is available online in many counties. These reports usually only contain the names, dates and reason for the arrest. They almost never tell you where the crime took place and often no written narrative or details are provided. If you request a police report from your local law enforcement agency, and they refer you to the “booking” report, tell them you need a police report with a full narrative, or else you will be unable to evict the problem resident. In most cases law enforcement will be sympathetic and will help you obtain the full police report.

Police Reports and Noise

Jane, against the advice of her attorney, decides to file an eviction based on noise disturbances. She has lined up two residents who have agreed to testify in court. Jane’s attorney warned her that residents rarely show up in court to testify against another resident at an eviction hearing. Guess what? The resident witnesses failed to appear at the hearing, and Jane’s eviction request was denied by the judge. Had Jane counseled her residents to call the police, she may have obtained a police report which verified the disturbance. Jane could have later issued a subpoena to the officer requiring his attendance at the hearing. Better yet, maybe the officer would have issued a noise citation to the problem resident. An effective property manager stresses to residents complaining of noise or disturbances that it is imperative they call the police.

Police Reports and Drugs

Miriam is the manager of a large apartment community. Last month, as she was walking into her office, she smelled pot. As she continued walking she saw a man in the breezeway smoking what appeared to be cannabis. Miriam would like to evict. Can she? The answer is no. The above scenario takes place all the time; Miriam should have contacted law enforcement. In this type of situation, the police will confiscate the suspected drug and will test it. You are not going to evict anybody for illegal drug use or possession unless the police confiscate the drug and obtain a positive field test, information that can be verified in the subsequent police report.

 

“Serving the Property Management Professional”

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One situation which often causes a leasing office to come to a grinding halt occurs when a prospective resident fails to show up to sign the lease, and instead, a person who is not listed on the lease or the application shows up and announces that he has a power of attorney and will sign the lease. At that point, the leasing agent may call the property manager, who in turn may call the regional manager, and still there may be no consensus as to what the proper course of action should be. Issues involving the power of attorney, (hereinafter referred to as a “POA”) crop up during a resident’s tenancy and even after the term of the lease has expired. Therefore, it is important for property managers to have a basic understanding as to what a POA document is, and how to deal effectively in regard to this area of the law with past, present and future residents along with third parties. This article will help you obtain a basic understanding of the POA process. However, as with other legal issues which property managers must navigate through on a daily basis, it is important that you contact your attorney if there is any doubt on your part as to what you should be doing. Make sure that your attorney is accessible, as POA related issues frequently pop up unexpectedly and require quick direction from your attorney.

What Does the Legal Term “Power of Attorney” Mean?

A POA is a legal instrument authorized by law under which one person or entity grants authority to an entity or one or more individuals to make decisions and take actions on the grantor’s behalf. The authority that is granted will be contained in the body of the POA. The authority can encompass a wide variety of transactions, known as a General POA, or can be limited to just one use or purpose, known as a Limited POA. The person granting the authority is referred to as the “principal”. The individual who is receiving the authority for the conduct or transaction is called the “attorney in fact”. In some circumstances a financial institution may be the “attorney in fact”. Do not be fooled by this fancy name; if somebody tells you he is an “attorney in fact”, that in no way means he is a licensed attorney authorized to practice law. The attorney in fact is considered a fiduciary and is obligated to act responsibly, due to the “trust” bestowed upon him by the principal. The party with whom the attorney in fact conducts a transaction is known as the “third party”. That is the role that the property manager or management has in these kinds of situations.

Florida Statute 709.08 Durable Power of Attorney

Tim, the property manager, made an appointment to meet with three prospective residents, Lucy, Cindy and Dwayne. Lucy and Cindy appear at Tim’s office, but Dwayne is nowhere to be found. Instead, Pablo subsequently arrives at the office and tells Tim that Dwayne gave him a POA. Tim asks Pablo where Dwayne is. Pablo tells Tim that he had invited Dwayne to Pablo’s 18th birthday party last week. While at the party, Dwayne decided to give Pablo and Pablo’s brother, Tommy, a Durable POA, authorizing them to handle any real estate transactions for Dwayne. Pablo displays the Durable POA document to Tim, and it lists Pablo and Tommy as attorneys in fact. Tim is wondering whether Pablo, at just 18 years of age, is old enough to take part in this process. In fact he is suspicious that the POA arrangement exists in the first place. Tim is also perplexed because there are two people who were given POA rights by Dwayne. Finally, Tim has never heard the term “Durable” used in conjunction with the POA process, and so this is further adding to his confusion. Florida Statute 709.08 sets forth the law regarding Durable POA documents in Florida drafted after October 1, 1995. This statute authorizes the attorney in fact to handle real estate transactions. In fact, it authorizes the attorney in fact to sell the house of the principal! Section 709.08 (1) states that a durable power of attorney is a written power by which a principal designates another as the principal’s attorney in fact. The section further adds that with the correct wording, the Durable POA can survive the subsequent incapacity on the part of the principal.

Are the Property Manager’s Concerns Addressed by the Statute?

Tim‘s concern regarding Pablo’s age is addressed by Section 709.08(2) which sets 18 as the minimum age to serve as an attorney in fact. Since Pablo is 18, he is old enough to be to be an attorney in fact. It turns out that Tim was right to have concern over there being two attorneys in fact. Section 709.08 (9) (a) requires that both attorneys in fact concur with respect to any exercise of the Durable POA unless the Durable POA document provides otherwise. Therefore, Tommy would need to sign the lease along with Pablo in order to bind Dwayne to the contractual terms of the lease. As mentioned, Tim is clearly skeptical that Pablo is the attorney in fact. The statute authorizes him to request that the attorney in fact sign a notarized affidavit attesting to (but not limited to) the following: that he is indeed the attorney in fact named in the Durable POA executed by the principal, the location of where the principal is domiciled, that the Durable POA is currently exercisable by the attorney in fact, and to the best of the attorney in fact’s knowledge, that the principal is not deceased, and that there has been no revocation of the POA by the principal or any outside judicial authority. If the above affidavit is provided to Tim, and both Pablo and Tommy are willing to sign the lease on behalf of Dwayne, then Tim better think twice before he refuses to allow the attorneys in fact to assert their powers. Section 709.08 (11) states that the unreasonable refusal of a third party to allow an attorney in fact to act pursuant to the power could subject the third party to liability for attorney’s fees and costs if the third party is sued and loses in court. That dollar amount could be quiet substantial. It is best to call your attorney if there is any doubt in how you should proceed before refusing to allow the attorney in fact to act. As you know, litigation can be very costly! You should also be aware that Florida recognizes the deployment-contingent POA. Section 709.11 of the Florida Statutes requires a property manager to accept a valid power of attorney that is signed in advance by the principal which takes effect once the principal is deployed by the military.

Common Mistake Scenario #1 (Improperly signed lease)

Marta, the property manager, is under the belief that she is leasing a one bedroom apartment to Chester Turnkey. Chester did not sign the lease. Robert Jones executed the lease on behalf of Chester instead. It turns out Robert was given a Durable POA by Chester. Robert showed the paperwork to Marta, and she sincerely believed the POA was valid. Marta handed the lease to Robert, who “signed” the lease by simply writing Chester’s name. Big mistake! The written lease was executed incorrectly. If Chester did move into the apartment, then there may be other legal grounds to evict him. However, if there is some unknown third party that moved into the unit other than Chester, there is no way Chester would be held responsible for the lease, and a more complicated legal procedure than an eviction may be required. Life would have been a whole lot easier for Marta had she made sure that Robert signed the lease properly as displayed below: The principal’s name (Chester Turnkey) By__________ Robert Jones Attorney-in-fact

Common Mistake Scenario #2 (Third party access)

It is very common for a property manager to receive paperwork from a resident, who for one reason or another, is located out of town. The resident will grant a POA to a friend to help manage his personal affairs. Why do you need to be careful in this type of situation? Massive liability for the property manager and/or Owner can follow if you allow the attorney in fact into the resident’s unit without proper documentation. A good property manager will read the POA that is presented to her with caution, and if need be, check with her attorney. It is very easy for the property manager who is in a hurry to make errors. For example, the POA form is often a pre-printed form which lists a number of different potential powers to be checked off. If the specific power governing disposition of personal property is not checked off, and you let the attorney in fact into the unit, you can be sure that the resident will sue you if anything real or imaginary is missing!

 

“Serving the Property Management Professional”

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A common practice among managers is to serve the Three-Day Notice, and if no payment has been made, serve the resident with an additional notice or letter to induce payment. This notice or letter is usually entitled “Final Warning”, “Eviction Notice”, “24 Hour Notice” or some kind of variation on this theme. The purpose obviously is to give the resident a final chance at paying the rent to avoid the necessity of an eviction filing by the property manager. Does it work? Yes, often the “post” Three-Day Notice letter or notice is highly effective, especially when a resident has received one before and has paid after the expiration of the Three-Day Notice. The problem is that the notice can cause serious problems with the procedure and prerequisites of filing an eviction action.

The Sacred Three-Day Notice

The Three-Day Notice is a condition precedent and jurisdictionally required notice which must be given in a non-payment of rent situation in order for the manager to proceed to filing an eviction action. It is a very specific notice, clearly spelled out in Florida Statutes, must be of a certain form, with specific rent items only allowed, and it must be prepared and served properly in order for it to be a valid Three-Day Notice. If there are any defects in the Three-Day Notice, it is quite possible that the eviction action will be dismissed, resulting in a further loss of rent by the manager, delays and potential liability for paying the resident’s attorneys fees.

The Effect the “Post” Three-Day Notice Communication Has on the Three-Day Notice

If a manager gives the resident any type of “post” Three-Day Notice letter or notice regarding the payment of rent or a last chance to pay, some case law has shown that the original Three-Day Notice is nullified or made void by the later notice or letter. While this doesn’t seem to make practical sense, the reasoning lies in the fact that Florida Statutes alone provides for and requires a specific notice prior to an eviction action. Any notices given after the Three-Day Notice can confuse the resident, and since not Florida Statute provided, will be made up by the manager and could create confusion on the part of the resident.

Should We Discontinue Using the “Post” Three-Day Notice Letter or Notice?

Our recommendation is that you cease using any notice after the service of the Three-Day Notice. As more and more cases are being contested at a higher rate, with more sophisticated and knowledgeable residents and attorneys, it is not advisable to do anything that can jeopardize the eviction action. If you have been using the “post” Three-Day Notice letter or notice in the past, a problem is created for future cases, as the resident who has received such a notice or letter before will be expecting this notice before you file an eviction. This detrimental reliance by the resident on your “post” Three-Day Notice letter or notice can actually now provide the resident with a defense when you did not use the notice or letter!

Practical Considerations

If you have been using a “post” Three-Day Notice letter or notice in the past, we recommend that you immediately cease this practice. It will be important though to notify the residents of this change in policy or procedure. You may want to use language such as the following:

Dear Resident,

In the past, our company has been sending out a “Last Chance Letter”, “24 hour Notice”, (insert name of your notice) after the expiration of the Three-Day Notice giving the residents a final chance to pay rent to avoid eviction.

From this point on, we will only be serving a Three-Day Notice as required by law. Any rent tendered after the expiration of the Three-Day Notice may be refused by us, and eviction proceedings may be commenced. This letter shall serve as notification that in the event you do not pay according to the stated due date on your lease, you may be subject to receiving a Statutory Three-Day Notice giving you three business days to pay the rent. No further notice or letter will be given.

Can We Continue Using the “Notice” or “Letter”?

Many managers will opt to continue using a “post” Three-Day Notice letter or notice, as it is without a doubt very effective in getting the resident to pay the rent. It is quite possible that the risks in giving the letter or notice are outweighed by the benefit of reducing evictions and receiving the rent. Each manager must decide the route to take. All we can say is, “You have been warned.”

“Serving the Property Management Professional”

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