UNDERSTANDING THE TENANT’S RESPONSIBILITIES

1.   The Landlord is responsible for cleanup of the exterior of the home and the grounds.

2.  If the Tenant is responsible for landscaping in the lease, no judge will interpret this as major storm cleanup being the Tenant’s responsbility.

3.  All propertes should be inspected and any properties where there is a anything dangerous on the exterior should be given priority clean up.

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

If you delay too long after a problem has begun, we will be unable to assist you.

LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC

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1.   Many homes have damages that do not impact the Tenant’s ability to enjoy and use the premises.

2.  Ripped pool screens, damaged siding, tree damage are some examples.

3.   A Tenant will try to get a rent abatement or reduction. 

4.  You must call our office before allowing any deductions or allowing the Tenant to only pay a partial rent. 

5.  The Property Manager and Owner need to make a business decision if they are or are not going to give the Tenant any kind of abatement.

6.  If the Property Manager or Owner decide to give the Tenant any abatement, then the PROPER FORMS must be used.  We provide the PROPER FORMS

7.   If the PROPER FORMS are not used, then the Property Manager or Owner will end up having massive problems and it will be never ending.

8.  Nothing should be done verbally. No promises should be made to the Tenant.

9. Accepting a partial rent from the Tenant without using the proper FORM is AGREEING to the reduced rent and the Owner will most likely be out of luck.

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

If you delay too long after a problem has begun, we will be unable to assist you.

If verbal promises are made to a Tenant or the Property Manager or Owner have any verbal discussions with the Tenant, our office will NOT be able to assist.

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MANY VACATED TENANTS HAVE LEFT PERSONAL PROPERTY BEHIND THAT IS DAMAGED AND THEY HAVE RELINQUISHED ALL CLAIMS TO THE PROPERTY. 

1.   Many Tenants have vacated and confirmed in writing with the Property Manager or Owner that they have indeed vacated, they do not want their personal property and they are not coming back.

2.  Many Tenants have failed to remove all of their damaged personal property that they have abandoned resulting in an expense to the Owner for removal.

3. The Property Manager or Owner most likely is holding a Security Deposit and under normal circumstances the Tenant would be charged for removal of excessive abandoned personal property.

4.  Charging the Tenant for removal of their excessive damaged personal property could trigger the Tenant to file a lawsuit against the Property Manager or Owner.

5. Most likely, the cost of removal of damaged property from the premises would be included in any casualty insurance claim by the Owner.

6.  We recommend that the Property Manager and Owner do not try to push the limits and charge the Tenant for the removal of the damaged personal property.

7.  If the Property Manager or Owner charges the Tenant for the removal of the damaged personal property and the Tenant sues, there is a high probability that the Judge in the case will be sympathetic to the Tenant especially if the Owner has flood or other insurance.

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

If you delay too long after a problem has begun, we will be unable to assist you.

“Serving the Property Management Professional”

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Some Landlords and Property Managers are under the impression that under certain circumstances the Landlord can “cancel” or “terminate” a lease while the Tenant is in possession during the lease.

1.   A lease is an interest in property. It is a right.  The Tenant has a right to live at the home until such time as the lease ends and/or it is properly terminated in accordance with the Lease and/or the Law.

2.  A sale does NOT terminate a Lease UNLESS there is a clause to that effect in the Lease.

3.   A Lease is not terminated just because the Landlord wishes to move into his home UNLESS there is a clause to that effect in the Lease.

4.   A Lease is not terminated if a Tenant commits a curable noncompliance or pays rent late over and over.

5.  A Lease is not terminated just because a Landlord lists the home for sale, has a signed contract for sale, or wishes to sell UNLESS there is a clause to that effect in the lease.

The only ways that a Lease can be terminated are if there is a term in the Lease allowing termination prior to lease end, the Tenant continues to be in noncompliance after proper legal notice, the Tenant fails to pay rent after proper legal notice, the Tenant commits a serious non-curable offense, the Tenant fails to vacate after the lease ends and/or has been properly nonrenewed OR, upon mutual agreement by the parties.  

The parties to a lease can ALWAYS agree on an early termination of a Lease and we will provide the proper Agreement.

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1.   You are NOT required by law to allow a Tenant to move back in after you make a major repair.

2.  You have no idea how long a repair will take.

3.   If your repair is for water or mold, you risk the Tenant claiming that there is still mold in the property when they return.

4.   If the Tenant has left personal property in a home during repairs, you risk the Tenant claiming loss or damage to the personal property.

5.  Nothing good comes of allowing a Tenant to temporarily vacate while major repairs are done.

6.   IF YOU TELL A TENANT THEY CAN TEMPORARILY VACATE AND MOVE BACK IN AFTER REPAIRS ARE COMPLETED, WE CANNOT ASSIST YOU AND YOU WILL NEED TO USE ANOTHER LAW FIRM. 

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

If you delay too long after a problem has begun, we will be unable to assist you.

“Serving the Property Management Professional”

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1.   If you allow a Tenant to make repairs on a damaged property, our office will not assist you.

2.  A Tenant will expect something in return for the repairs made. 

3.   A Tenant will end up refusing to pay rent or will withhold rent.

4.   A Tenant does not know how to properly make repairs.

5.  There is great liability in allowing the Tenant to make repairs.

6.   If you allow a Tenant to make repairs OR ALLOW A TENANT TO PAY A THIRD PARTY FOR REPAIRS, your eviction can be severely jeopardized and result in protracted litigation or a counterclaim.

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

If you delay too long after a problem has begun, we will be unable to assist you.

“Serving the Property Management Professional”

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While we have written many articles on how to non-renew a resident, there is still much confusion as to how much notice the resident must give in the event of month to month tenancy non-renewals. This article will give concrete examples of what will happen and when, depending upon the date the notice is given by the resident. Now, a weird lease provision could change everything, so this article assumes a normal lease with normal legal clauses or no clause at all. It also assumes that rent is due on the first day of the month and not on any day other than the first. If the rent is due on a day other than the first of the month, everything will change and become more complicated. This is just one of the reasons why it is good to be consistent and have the rent always due on the first day of the month.

Month to Month Tenancies

A month to month tenancy is created when the manager allows the resident to stay after the expiration of the lease agreement, or in the event that there was never even a lease in the fist place and the resident pays monthly. The resident presumably continues to pay the rent money until such time as either the manager or the resident decides to terminate the tenancy. The law clearly states that a month-to-month tenancy can be terminated by either party giving at least 30 days’ notice prior to the end of the monthly rental period.

1. Resident gives manager notice on the 1st of September saying he is leaving on the 30th of September.

Result: This is proper notice and the resident must pay the entire month’s rent for September.

2. Resident gives manager notice on 5th September saying she is leaving on the 5th of October.

Result: This is improper notice, and the resident must pay the entire month’s rent for October. No prorated rent is due back unless the manager re-rents the unit prior to October 31.

3. Resident gives manager notice on 20th of September saying she is leaving on the 30th of September.

Result: This is short notice and resident must pay or will owe the entire month’s rent for October unless the manager re-rents the unit prior to October 31.

4. Resident gives manager notice on 1st of September saying he is leaving on the 16th of September.

Result: This is  improper notice.  Resident will owe all of September rent.

The Partial Rent Acceptance Problem

As you can see from the examples above, a resident may or may not give you proper notice, and depending upon the notice, may or may not owe the next month’s rent. Here is the problem though. Often a resident will not give you proper notice OR will give you a partial rent payment covering the time period in which they will stay. If you accept that partial payment, you may be accepting the “terms” of the resident’s notice, be it proper or improper. If you take a partial rent payment when the resident has given you insufficient notice, you may not be able to charge the resident for the remaining days in the month in which he leaves, even if he has otherwise given you proper notice.  

But Wait! The Lease Requires the Resident to Give More Notice!

Many leases attempt to make the resident give you more notice than 30 days in order to terminate the month to month tenancy.  While the lease may clearly state this, and the resident by signing the lease has presumably agreed to it, the law will prevail. A month to month tenancy can be terminated by the resident giving at least 30 days’ notice prior to the end of the monthly rental period. No more can be required. If your lease has a clause requiring more notice when it comes to month to month tenancies, remember that it probably cannot be enforced, and you do not want to give your property owner the impression that just because it is in the lease, it is legal.

Looking to Avoid Misunderstandings?

One of the best ways to avoid misunderstandings is to thoroughly explain in writing to the resident how much notice has to be given, when notice must be given, and what will be owed. Before you can explain this to the resident, you must fully understand it yourself. Most residents assume that giving 30 days’ notice means just that. They give 30 days’ notice and leave, not realizing that they may owe for the rest of the the entire next month depending upon when notice is given. Many leases are unclear as to this as well, and ambiguities are construed in favor of the resident. Taking the time to create a little cheat sheet using the above information and explaining how notice must be given can go a long way in preventing misunderstandings or legal disputes.

“Serving the Property Management Professional”

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Many leases have a clause stating that the resident must give the manager a certain number of days’ notice in writing that they are vacating at the end of the lease. If the resident fails to give this notice and vacates, the manager tries to charge the resident a specific amount for failure to give this notice. While it is our opinion that a manager should do their best in determining whether a resident is staying or going through the use of notices to the resident which require a response by a specific time, managers still insist on charging for insufficient or nonexistent notice. Florida law now allows this, but if it is not done properly, the manager can find themselves in serious trouble, especially if they report the amount charged to a collection agency, and it winds up on a credit report.

A careful reading and understanding of the law is crucial if the manager insists on charging the resident an amount for failure to give notice. Unfortunately, the law is a bit tricky, as it requires the manager to give the resident notice that they will be charging the resident for failure to give notice. This may seem like a tongue twister, but it simply is a requirement of the manager to “remind” the resident that the resident must give notice so the resident is not “surprised”.

The law enacted in 2004

83.575 Termination of tenancy with specific duration.--

1. A rental agreement with a specific duration may contain a provision requiring the resident to notify the manager before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
2. A rental agreement with a specific duration may provide that if a resident fails to give the required notice before vacating the premises at the end of the rental agreement, the resident may be liable for liquidated damages as specified in the rental agreement if the manager provides written notice to the resident specifying the resident's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The manager must provide such written notice to the resident within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the resident under this subsection.

3. If the resident remains on the premises with the permission of the manager after the rental agreement has terminated and fails to give notice required under s. 83.57 the resident is liable to the manager for an additional 1 month's rent.

How it works: In order to enforce a clause in your lease that requires a resident to give you notice prior to lease end, you must do the following:

Give the resident a notice WITHIN 15 days of the beginning of the notice period you are requiring from the resident.

Example: Your lease requires 30 days notice from the resident. You must “remind” the resident of this by giving the resident notice of this sometime within days 30 and 45 prior to the lease ending.

Your Notice Must State the Following:

1. That 30 days’ written notice from the resident is required if the resident is leaving at lease end, and 2. Failure of the resident to give you notice will result in a charge of $_____________

NOTE: We recommend that the amount is no more than one month’s rent, and the lease must support this charge.

If you give the resident notice too far in advance, you will not be able to enforce the notice requirement. It is a STRICT 15 DAY WINDOW.

Common mistakes: The manager gives the resident too much notice. Many managers feel that since the lease states the notice requirement, this is enough or the manager will give the notice 60 days in advance and the lease only requires 30 days’ notice. Remember the notice to the resident must be given in a specific “window”, no more and no less.

Below is a sample notice:

SAMPLE RENEWAL OFFER WORDING

THIS SHOULD BE SENT OUT BETWEEN 1 AND 15 DAYS PRIOR TO THE BEGINNING OF THE RESIDENT’S NOTICE PERIOD AS DESIGNATED IN THE LEASE

According to your lease agreement, your lease shall expire on _________________. Management would like to give you some options.

Please mark off the appropriate selection below or your lease shall terminate on the above date and you must vacate at that time.

Option 1…We will vacate the premises on the above date.

Option 2…We wish to sign a new one year lease agreement at a rental rate of $______ per month.

Please return this to Management no later than 30 days prior to your lease end or your lease shall be deemed terminated at the end of the lease agreement, and you shall owe Management the “failure to give notice fee” in the amount of $__________ as per your lease agreement in addition to any amount due from you at that time according to the lease and/or Florida Law.

This offer by Management may be withdrawn at any time and for any reason by Management prior to Management and Resident(s) written acceptance of this offer by signature of Management below and Resident(s) below and Management fully executing a Lease Renewal or new lease if Resident(s) choose Option 2.”

“Serving the Property Management Professional”

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Many leases have a clause stating that the Tenant must give the Landlord a certain number of days’ notice in writing that they are vacating at the end of the lease.

If the Tenant fails to give this notice and vacates, the Landlord tries to charge the Tenant a specific amount for failure to give this notice. Florida law allows this, but if it is not done properly, the Landlord can find themselves in serious trouble and NOT be able to charge the penalty.

A careful reading and understanding of the law is crucial if the Landlord insists on charging the Tenant an amount for failure to give notice. Unfortunately, the law is a bit tricky, as it requires the Landlord to give the Tenant notice that they will be charging the Tenant for failure to give notice. This may seem like a tongue twister, but it simply is a requirement of the Landlord to “remind” the Tenant that the Tenant must give notice so the Tenant is not “surprised”.

TO LEGALLY CHARGE THE TENANT A PENALTY, THE LAW MUST BE FOLLOWED AND THE LANDLORD MUST HAVE GIVEN THE PROPER NOTICE TO THE TENANT IN THE NOTICE “WINDOW” PERIOD

83.575 Termination of tenancy with specific duration.--

1. A rental agreement with a specific duration may contain a provision requiring the Tenant to notify the Landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
2. A rental agreement with a specific duration may provide that if a Tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the Tenant may be liable for liquidated damages as specified in the rental agreement if the Landlord provides written notice to the Tenant specifying the Tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The Landlord must provide such written notice to the Tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the Tenant under this subsection.

3. If the Tenant remains on the premises with the permission of the Landlord after the rental agreement has terminated and fails to give notice required under s. 83.57 the Tenant is liable to the Landlord for an additional 1 month's rent.

How it works: In order to enforce a clause in your lease that requires a Tenant to give you notice prior to lease end, you must do the following:

Give the Tenant a notice WITHIN 15 days of the beginning of the notice period you are requiring from the Tenant.

Example: Your lease requires 30 days notice from the Tenant. You must “remind” the Tenant of this by giving the Tenant notice of this sometime within days 30 and 45 prior to the lease ending.

Your Notice Must State the Following:

1. That 30 days’ written notice from the Tenant is required if the Tenant is leaving at lease end, and 2. Failure of the Tenant to give you notice will result in a charge of $_____________

NOTE: The amount can be no more than one month’s rent, and the lease must support this charge.

If you give the Tenant notice too far in advance, you will not be able to enforce the notice requirement. It is a STRICT 15 DAY WINDOW.

Common mistakes: The Landlord gives the Tenant too much notice. Many Landlords feel that since the lease states the notice requirement, this is enough or the Landlord will give the notice 60 days in advance and the lease only requires 30 days’ notice. Remember the notice to the Tenant must be given in a specific “window”, no more and no less.

Below is a sample notice:

SAMPLE RENEWAL OFFER WORDING

THIS SHOULD BE SENT OUT BETWEEN 1 AND 15 DAYS PRIOR TO THE BEGINNING OF THE TENANT’S NOTICE PERIOD AS DESIGNATED IN THE LEASE

According to your lease agreement, your lease shall expire on _________________. Landlord would like to give you some options.

Please mark off the appropriate selection below or your lease shall terminate on the above date and you must vacate at that time.

Option 1…We will vacate the premises on the above date.

Option 2…We wish to sign a new one year lease agreement at a rental rate of $______ per month.

Please return this to Landlord no later than 30 days prior to your lease end or your lease shall be deemed terminated at the end of the lease agreement, and you shall owe Landlord the “failure to give notice fee” in the amount of $__________ as per your lease agreement in addition to any amount due from you at that time according to the lease and/or Florida Law.

This offer by Landlord may be withdrawn at any time and for any reason by Landlord prior to Landlord and Tenant(s) written acceptance of this offer by signature of Landlord below and Tenant(s) below and Landlord fully executing a Lease Renewal or new lease if Tenant(s) choose Option 2.”

IF YOU DID NOT GIVE THE TENANT THE WRITTEN NOTICE IN THE “NOTICE WINDOW” PERIOD TELLING THE TENANT THAT THE TENANT HAD TO GIVE NOTICE AND TELLING THE TENANT THE PENALTY FOR FAILURE TO GIVE NOTICE, YOU ARE NOT ALLOWED TO CHARGE THE PENALTY.

“Serving the Property Management Professional”

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

Many leases have a clause stating that the Tenant must give the Landlord a certain number of days’ notice in writing that they are vacating at the end of the lease.

If the Tenant fails to give this notice and vacates, the Landlord tries to charge the Tenant a specific amount for failure to give this notice. Florida law allows this, but if it is not done properly, the Landlord can find themselves in serious trouble and NOT be able to charge the penalty.

A careful reading and understanding of the law is crucial if the Landlord insists on charging the Tenant an amount for failure to give notice. Unfortunately, the law is a bit tricky, as it requires the Landlord to give the Tenant notice that they will be charging the Tenant for failure to give notice. This may seem like a tongue twister, but it simply is a requirement of the Landlord to “remind” the Tenant that the Tenant must give notice so the Tenant is not “surprised”.

TO LEGALLY CHARGE THE TENANT A PENALTY, THE LAW MUST BE FOLLOWED AND THE LANDLORD MUST HAVE GIVEN THE PROPER NOTICE TO THE TENANT IN THE NOTICE “WINDOW” PERIOD

83.575 Termination of tenancy with specific duration.--

1. A rental agreement with a specific duration may contain a provision requiring the Tenant to notify the Landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
2. A rental agreement with a specific duration may provide that if a Tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the Tenant may be liable for liquidated damages as specified in the rental agreement if the Landlord provides written notice to the Tenant specifying the Tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The Landlord must provide such written notice to the Tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the Tenant under this subsection.

3. If the Tenant remains on the premises with the permission of the Landlord after the rental agreement has terminated and fails to give notice required under s. 83.57 the Tenant is liable to the Landlord for an additional 1 month's rent.

How it works: In order to enforce a clause in your lease that requires a Tenant to give you notice prior to lease end, you must do the following:

Give the Tenant a notice WITHIN 15 days of the beginning of the notice period you are requiring from the Tenant.

Example: Your lease requires 30 days notice from the Tenant. You must “remind” the Tenant of this by giving the Tenant notice of this sometime within days 30 and 45 prior to the lease ending.

Your Notice Must State the Following:

1. That 30 days’ written notice from the Tenant is required if the Tenant is leaving at lease end, and 2. Failure of the Tenant to give you notice will result in a charge of $_____________

NOTE: The amount can be no more than one month’s rent, and the lease must support this charge.

If you give the Tenant notice too far in advance, you will not be able to enforce the notice requirement. It is a STRICT 15 DAY WINDOW.

Common mistakes: The Landlord gives the Tenant too much notice. Many Landlords feel that since the lease states the notice requirement, this is enough or the Landlord will give the notice 60 days in advance and the lease only requires 30 days’ notice. Remember the notice to the Tenant must be given in a specific “window”, no more and no less.

Below is a sample notice:

SAMPLE RENEWAL OFFER WORDING

THIS SHOULD BE SENT OUT BETWEEN 1 AND 15 DAYS PRIOR TO THE BEGINNING OF THE TENANT’S NOTICE PERIOD AS DESIGNATED IN THE LEASE

According to your lease agreement, your lease shall expire on _________________. Landlord would like to give you some options.

Please mark off the appropriate selection below or your lease shall terminate on the above date and you must vacate at that time.

Option 1…We will vacate the premises on the above date.

Option 2…We wish to sign a new one year lease agreement at a rental rate of $______ per month.

Please return this to Landlord no later than 30 days prior to your lease end or your lease shall be deemed terminated at the end of the lease agreement, and you shall owe Landlord the “failure to give notice fee” in the amount of $__________ as per your lease agreement in addition to any amount due from you at that time according to the lease and/or Florida Law.

This offer by Landlord may be withdrawn at any time and for any reason by Landlord prior to Landlord and Tenant(s) written acceptance of this offer by signature of Landlord below and Tenant(s) below and Landlord fully executing a Lease Renewal or new lease if Tenant(s) choose Option 2.”

IF YOU DID NOT GIVE THE TENANT THE WRITTEN NOTICE IN THE “NOTICE WINDOW” PERIOD TELLING THE TENANT THAT THE TENANT HAD TO GIVE NOTICE AND TELLING THE TENANT THE PENALTY FOR FAILURE TO GIVE NOTICE, YOU ARE NOT ALLOWED TO CHARGE THE PENALTY.

“Serving the Property Management Professional”

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