By law, a Tenant can serve the Property Manager or Owner a demand that certain repairs must be completed or substantially started within 7 days.  You need to first find out what the Tenant wants prior to asking us to assist you.

 

 

1.   Tenants have a right under Florida law, FS 83.51 (1), to demand that certain repairs must be made.

 

2.   The Tenant serves a 7 Day Notice on the Property Manager or Owner.  

 

3.   If the repairs are not made within the 7 days or substantial effort is made (to the satisfaction of a judge), the Tenant, by law, may withhold rent and/or terminate the tenancy and vacate. 

 

4.  If the Tenant fails to pay rent and an eviction is filed, it will be up to a judge to determine if the Property Manager or Owner did what they were to do under the law.

 

5.      If an eviction is filed and the repairs were not done to the satisfaction of the judge, the Owner can lose the eviction AND may have to pay a substantial sum to the Tenant’s attorney in attorney’s fees.

 

6.    Some Tenants are serving the 7 Day Notice because they want repairs done.  Some simply want to vacate.

 

7.   Find out what the Tenant’s intentions are.  

 

8.    If the Tenant wishes to vacate and the Owner agrees, a proper AGREEMENT can be signed and the Tenant and Owner part ways peacefully.

 

9.     Our office can serve you properly only when we know where the Tenant and the Owner stand and what if anything will be AGREED to.

 

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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Many Tenants impacted by mold want to vacate AND, you want them to vacate as well.  You need to first find out what the Tenant wants prior to asking us to assist you.

 

 

1.   Many Tenants WANT to vacate the premises due to severe property damage or mold.

 

2.   Terminating a Tenant who will agree to vacate on a fixed date is ridiculous.  

 

3.   Terminating a Tenant is only done if the Tenant refuses to vacate or refuses to sign any sort of Mutual Termination of Tenancy or Agreement to Vacate. 

 

4.   Find out what the Tenant’s intentions are prior to coming to us and asking us to give you a Notice terminating the Tenant.  

 

5.  There is no need to DEMAND a Tenant do something if the Tenant will AGREE to do what you want using the proper FORM.

 

6.  If the Tenant signs the proper form and fails to vacate, we then can file an eviction.

 

7. Our office can serve you properly only when we know where the Tenant and the Owner stand and what if anything will be AGREED to.

 

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”

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

1.   Do not make any verbal agreements with a Tenant.

 

2.  Do not make any promises to the Tenant or representations as to when a repair will be made if any.

 

3.   All agreements must be in writing after you have proper legal advice.   

 

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

 

5.   If a home is uninhabitable, the Tenant should be terminated and removed from the property through proper notice and legal procedures. Please read our information on this.   

 

6.  If the Tenant states they are going to vacate, it is crucial that you have all Tenant’s sign the proper AGREEMENT TO VACATE or MUTUAL TERMINATION OF TENANCY that our office provides.

 

 

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”

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

UNDERSTANDING THE TERMINATION RIGHTS UNDER THE HWW LEASE WHEN A MAJOR REPAIR IS NEEDED

 

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.

 

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.  Some refuse to sign and you cannot force them to.

 

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 now or during a major repair  and they must vacate for the repair. 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. 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.

 

14. 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.

 

15. 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.

 

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

“Serving the Property Management Professional”

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

UNDERSTANDING THE TERMINATION RIGHTS UNDER THE HWW LEASE AND THE LAW

 

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

 

2.   The Landlord must have solid proof from a licensed Mold Inspector clearly stating that the premises are NOT habitable and the Tenant MUST vacate.  This Mold Inspector may have to appear in court and testify if the Tenant fights the eviction.

 

 

3.   The Landlord cannot use the lease wording for their “convenience” or as a way to get a Tenant out for some other reason.

 

4.  This means of termination should be used at last resort AND only if 100% necessary.

 

5.  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.

 

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

 

7. 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.

 

8.   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.

 

9. 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.

 

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

 

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

 

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

 

13. 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.

 

14. 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.

 

15. 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.

 

16. 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.

 

17. 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.

 

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”

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

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.

 

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”

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

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…  

 

The MOLD ADDENDUM gives you further rights and makes it clear what occurs in a MOLD situation

 

2.   The Landlord cannot use this clause or the MOLD ADDENDUM 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 MOLD 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. YOU WILL NEED SOMETHING IN WRITING FROM A MOLD TESTING PROFESSIONAL

 

12. If you have failed to contact our office as soon as you discovered the 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 OR HAVE THEM SIGN THE MUTUAL TERMINATION OF TENANCY AGREEMENT

 

14. IF THE TENANT FAILS TO VACATE PER THE AGREEMENT TO VACATE or the SEVEN DAY NOTICE OF TERMINATION or after signing the MUTUAL TERMINATION OF TENANCY AGREEMENT, 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.

 

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”

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

1.   Many Tenants are refusing to vacate the severely damaged property.

 

2.  Tenants will often live in a dangerous condition because they have nowhere to go or do not realize the dangers.

 

3.   Allowing the Tenant to live in a severely damaged property can result in major problems and litigation.  

 

4.   Eventually the Tenant will stop paying rent, withhold rent, OR claim that they are getting sick and litigation can begin.  

 

5.   Do not think you are protected because the Tenant has “chosen” not to vacate and has “CHOSEN” to remain.

 

6.  If the property is severely damaged and/or dangerous to the Tenant, you MUST take action and terminate the Tenant.  

 

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”

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

 

1.   Many Tenants have vacated due to Hurricane Ian and are refusing to remove their personal property.

 

2.  The fact that a Tenant has appeared to vacate does not give the Property Manager or Owner the right to dispose of the Tenant’s personal property.

 

3.   You MUST get a FORM signed by all the Tenants stating that you may dispose of their personal property.  

 

4. Verbal agreements are useless. If you cannot get the Tenant to sign a CONFIRMATION OF VACATING PREMISES, do whatever possible to contact the Tenant by text or email and get all Tenants to confirm they have vacated and do not want ANY personal property left behind. SAVE all texts and emails.

 

5.   If your lease has the proper abandoned property clause and the Tenant has abandoned PER LAW, you may be able to remove the personal property but there is an incredible risk.

 

6.  Do whatever possible to get the Tenant to sign a CONFIRMATION OF VACATING PREMISES our office provides.   

 

7.  If the Tenant refuses to give you written confirmation that they have vacated and that you may dispose of the personal property, we will give you the proper notice and we will file an eviction when the notice expires.

 

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”

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

1.   You are NOT required by law to pay for alternative accommodations for a Tenant.

 

2.  It is not recommended to pay for alternative accommodations for a Tenant.

 

3.   You cannot guaranty when a repair will be started, made or finished.

 

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

 

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”

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