1.   Allowing a Tenant to remain in a damaged property will result in major legal issues.

2.  Do not make any verbal agreements.

3.  First try to see if the Tenant will sign an AGREEMENT TO VACATE.

4.  If possible, see if the tenant will sign a MUTUAL TERMINATION OF TENANCY we provide you with.

5.   If the Tenant fails to agree to vacate on the fixed date, serve the PROPER NOTICE we provide to you and if the Tenant fails to vacate, we file an eviction.   

6. Verbal promises to vacate are USELESS.

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.   You are NOT required by law to pay for storage of a Tenant’s personal property or provide a POD for the property.

2.    It is not recommended to pay for or provide storage for personal property.

3.   You cannot guaranty when a repair will be made.

4.    If a home is damaged or uninhabitable PLEASE READ our information on this.

5.    DO NOT promise a Tenant they can return to the home after repairs are made.

6.    If you promised a Tenant that they could return to the home after repairs, we cannot assist you.

7.   IF YOU PROVIDED A POD OR OTHER TEMPORARY STORAGE FOR THE TENANT’S PERSONAL PROPERTY, WE WILL NOT BE ABLE TO ASSIST YOU.  

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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UNDERSTANDING THE TERMINATION RIGHTS UNDER THE HWW LEASE

1.   The HWW lease allows for terminating the lease in extreme situations:

“If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall terminate…  

2.   The Landlord cannot use this clause for their “convenience” or as a way to get a Tenant out for some other reason.

3.  This means of termination should be used at last resort AND only if necessary.

4.  The Tenant should always be offered a no penalty lease break first if the problem was not caused by the Tenant and the Tenant wants out.

5.  By terminating the tenant, the Landlord is admitting there is a serious problem with the premises USUALLY through no fault of the Tenant.

6. The Notice used will be a 7 DAY NOTICE OF TERMINATION that we prepare. You can always give them MORE time and this would change the notice.

7.   The Tenant should be presented with a Mutual Termination of Tenancy Agreement and will preferably sign the one which RELEASES the Landlord, manager, agents etc.

8. If the Tenant refuses to sign a Mutual Termination of Tenancy Agreement which includes a RELEASE, getting the Tenant to sign an Agreement to Vacate or Mutual Termination of Tenancy Agreement without a RELEASE is better than nothing.

9.  If the Tenant CAUSED the problem necessitating the termination, you will NOT use a RELEASE in most situations.

10.  If there is a major problem with the home that necessitates termination, PLEASE contact us immediately so we can guide you.

11. You MUST have solid proof that you can present in court that the home is uninhabitable or dangerous to them. It must be proven.

12. If you have failed to contact our office as soon as you discovered the major problem and begin to make all kinds of verbal agreements, we will normally not be able to assist you.

13. YOU MUST ALWAYS TRY FIRST TO SEE WHAT THE TENANT INTENDS TO DO.  IF THEY SAY THEY WISH TO VACATE, THEN YOU MUST GET THEM TO SIGN THE AGREEMENT TO VACATE WHERE THE DATE IS FIXED.

14. IF THE TENANT FAILS TO VACATE PER THE AGREEMENT TO VACATE or the SEVEN DAY NOTICE OF TERMINATION WE CAN FILE AN EVICTION THE DAY AFTER THE DAY THEY WERE TO VACATE.

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

16. If the Tenant vacates, be 100% sure that they have given you full possession or they may come after you for the personal property, if any, you may have thrown out.

17. IF THE TENANT REFUSES ACCESS, TURNS OFF DEHUMIDIFIERS, DRYING EQUIPMENT, FANS OR REFUSES TO ALLOW MITIGATION, WE CAN TERMINATE THE TENANT.

18. IF YOU DO NOT KNOW WHEN THE HOME WILL BE REPAIRED AND IT IS A DANGEROUS SITUATION FOR THE TENANT TO STAY IN THE UNIT, THE TENANT SHOULD BE TERMINATED AND EVICTED.

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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PLAYING GAMES WITH A TENANT’S DEPOSIT OR PREPAID RENT IS A MAJOR MISTAKE IF THEY ARE FORCED TO VACATE DUE TO STORM DAMAGE

1.   If a Tenant voluntarily vacates after major storm damage, consider yourself lucky.

2. If you try to charge the Tenant for removal of their personal property after they have vacated and turned over possession to you, you will have a fight on your hands.

3. If you try to charge the Tenant for other damages to the premises, be 100% certain they are not related to the storm damage.

4.  If you want the Tenant to vacate, the Tenant does or will in fact vacate and the Owner wishes to keep the Tenant’s deposit or prepaid rent because “The Tenant broke the lease”, then the Owner will need to use another law firm if they need assistance.

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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UNDERSTANDING RENT ABATEMENTS FOR THE DAMAGED PROPERTY

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

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

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

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

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

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

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

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

“Serving the Property Management Professional”

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UNDERSTANDING RENT ABATEMENTS WHEN THE PROPERTY IS NOT TOTALLY UNINHABITABLE

1.   Many Tenants are demanding rent abatements due to utilities being off for a time period, lack of access to a home due to flooding or lack of use of some amenity.

2.   Florida law does not address any rights a Tenant may have to something that is beyond the control of the Landlord.

3.  When the law does not address something, this leaves it up to a judge in the event there is litigation.  Nobody can predict what a judge will do BUT a judge WILL make a decision. Rest assured. The judge will decide and you may not like the decision.

4.  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.

5.  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

6.   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.

7.  Nothing should be done verbally.  

It is crucial that you contact our office when the Property Manager or Owner wish to give the Tenant an abatement.   

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.

“Serving the Property Management Professional”

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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

“Serving the Property Management Professional”

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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.

“Serving the Property Management Professional”

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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.

“Serving the Property Management Professional”

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