DEALING WITH THE COMPLAINT BY THE ASSOCIATION ABOUT YOUR TENANT AND TAKING ACTION
- If the Association tells you or the Landlord that your Tenant is in noncompliance, you must take action.
- You MUST serve a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE.
- Do not “side” with the Tenant.
- You do NOT need PROOF to serve a Tenant with a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE.
- Most likely your Tenant is in some violation even if the association is blowing it out of proportion.
- Delaying the service of a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE can result in your inability to take legal action once you can prove the noncompliance.
- The Association has immense power. The Association can fine the Landlord. The Association can cause the Landlord to incur large legal fees.
- Once you serve your SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE, be sure to copy the Association ASAP to show you are taking action.
- A SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE is NOT an eviction notice. It is simply the first step in a legal process that may or may not occur. You MUST serve your Notice.
- Whether or not an eviction can or will be filed is NOT relevant at this time. Serve your Notice. You represent the Landlord. Not the Tenant.
- Most of the time when the Property Manager fails to take action, the Landlord loses. This is fact. The losing Landlord can then sue the Property Manager if the Landlord incurs legal fees or fines from the Association.
Do not make the common mistake of not taking the Association’s complaint seriously or delaying because you have no proof. You need to serve your Notice ASAP. If the Tenant is NOT in noncompliance, then the Tenant, you, and the Landlord have nothing to fear BUT, you MUST serve your Notice. If it ends up that the Tenant IS in noncompliance, then you are in a position to take action. Do NOT fall into the trap of ignoring an Association because you do not believe your Tenant is in noncompliance.
LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC
“Serving the Property Management Professional”
www.evict.com www.evicttv.com www.evictforms.com info@evict.com
- STORM
- SALE
- PETS
- RENT
- LEASE
- EVICTIONS
- LIABILITY
- LEAD
- ABANDONMENT
- DEATH
- DEPOSIT
- EVICTION
- APPLICATION
- BANKRUPTCY
- ATTORNEYS FEES
- ADVANCE RENT
- DEPOSITS
- RENTAL FURNITURE
- FLOOD
- FIRE
- LIABILITY AVOIDANCE
- CARPET
- NONCOMPLIANCE
- ACCESS
- PET DEPOSIT
- EARLY TERMINATION
- CORPORATE TENANTS
- SATELLITE DISHES
- RENEWING A LEASE
- REMOVING A TENANT FROM A LEASE
- REFERRAL FEES
- LEASE BREAK
- CORPORATE TENANT
- APPLICATION AND SCREENING
- LAWSUIT
- LEASE SIGNING
- NOTICE SERVING
- REPAIRS
- NONCURABLE NONCOMPLIANCE
- TENANT PAINTING
- LEASE BREAKS
- TENANT DEATH
- ATTICS
- UNAUTHORIZED OCCUPANTS
- TAX LIENS
- SUBLETTING
- SQUATTERS
- LEASE SIGNING AND POA
- SHOWINGS
- CREDIT REPORT
- NONRENEWAL
- ESA AND SERVICE ANIMALS
- SECURITY DEPOSIT REFUNDING
- SCREENS AND WINDOWS
- RENT ABATEMENT
- RENEWAL CONFIRMATION
- REMOVING A TENANT
- PROCESS SERVER
- PRESSURE WASHING
- PREPAID - ADVANCE RENT
- PRE AND POST CLOSING OCCUPANCY
- PERSONAL PROPERTY
- DEPOSIT FUNDS
- NSF CHECKS
- MOLD
- NOTICES
- INSURANCE
- HVAC
- HOT TUB
- HOMESTEAD
- SECURITY DEPOSITS
- FIREPLACE
- SAFETY
- DOG BITES
- DISCLOSURE
- NONCOMPLIANCES
- CORPORATIONS
- LATE RENT
- CARBON MONOXIDE
- ASSOCIATIONS
- AIR CONDITIONING
- POOLS
- RELEASES
- FICTITIOUS NAMES
- SUING AND COLLECTIONS
- COLLECTIONS AND SUING
- YOUR TENANT SERVED YOU WITH A 7 DAY NOTICE - WHAT DOES THE TENANT WANT?
- WHAT DOES THE TENANT WANT?
- VERBAL AGREEMENTS
- TERMINATING DUE TO A MAJOR REPAIR NEED
- TERMINATING DUE TO MOLD
