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LEGAL NEWS

Vol. 8 Issue 4


FAA LEGISLATIVE DAYS ANOTHER SUCCESS

Over 130 property management and vendor members of the Florida Apartment Association (FAA) and the National Association of Residential Property Managers (NARPM) attended the annual FAA Legislative Day event in Tallahassee this year. Attendees were treated to a dinner with the legislators and a full day of Hill visits dealing with important bills affecting the rental housing industry. If you could not attend, consider doing your part and donating to APAC by going to

http://www.fl-apartments.org/renters_info.asp

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WINNING THE CONTESTED EVICTION ACTION

You have just moved from Utah to Florida and recently had your attorney file your first batch of evictions for your new apartment community. Back in Salt Lake City, life was simple, as you rarely evicted any residents. This morning you received from your attorney copies of motions filed by two different residents who are under eviction. One resident filed a motion to determine rent and requested a hearing, while the other resident filed a motion to stay the writ of possession. You wonder if you will now have to attend court. You ask your attorney if the residents are entitled to hearings just because they have requested them. Is that all they need to do?   

Click here  to learn what can happen when your resident decides to fight the eviction action.

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WE WON’T BE FOOLED AGAIN!

Sure about that?  Fake landlord, fake property manager, fake phone numbers, fake references: all these can be yours for $65 on the internet. Will you be tricked by an applicant using such a service? Scams are getting more sophisticated, and so must your screening techniques. Verify everything carefully, taking your time to investigate the most important element of screening, which are references from your applicant’s current and past landlords. If you focus so heavily on a credit score, you will indeed miss seeing the forest for the trees. Property managers have become too dependent on their screening company, and are forgetting to get back to basics with a deeper investigation.

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THE DECEASED TENANT

A manager called the hospital to check on an elderly resident and learned that the resident died over the weekend.  Today, his daughter appeared requesting access to the apartment.  The daughter says that she is an only child, and that the resident’s wife predeceased him, which the manager already knew from her conversations with the deceased resident.  The daughter won’t open an estate, since her father didn’t have any savings or other assets.  All the daughter wants are a few family mementos, like photos, and doesn’t care about the rest of the personal property.  Can the manager safely give access to the daughter, retake possession of the apartment, and dispose of the remaining personal property in the apartment?
 

Click here  to learn about the issues when a resident dies.

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RESIDENT REFERRAL PAYMENTS AND APARTMENT LOCATOR SERVICES

One of the best ways to get a resident is through a resident referral, one happy resident referring another person to your apartment community. You give the referring resident $200 off the next month’s rent. Legal?  You better find out!  An apartment locator service just found you a well qualified applicant. Can you pay it the commission being requested? Any limits? Is the service licensed?  Explore these topics in more depth, and be “in the know”.

 

Click here  for more info on Resident Referrals and Apartment Locators.

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FAIR HOUSING AND YOU

Companion animals, occupancy restrictions, pool rules, curfews and so many more fair housing law related issues pop up each day while managing property. Where do you turn? Do you ask your eviction attorney? Well, that is a start, but there are professionals out there who concentrate on fair housing law related issues. Make sure your company develops a relationship with a fair housing law expert before you have a problem. One of the best answer our firm gives is, “We are not sure, but here are some fair housing law experts who may know.”  Feel free to call us for some expert referrals.

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SECURITY DEPOSIT QUICK TIP

Your resident was evicted owing $2000 in rent, and now owes attorney’s fees, court costs, plus did some malicious damage to the unit on the way out. Will you be refunding the security deposit? Of course not, UNLESS you forget to send the Notice of Intention to Impose Claim on Security Deposit form within the 30 day time period as required by Florida law. Don’t let your guard down simply because the evicted resident clearly owes you a huge sum. Prepare the notice, and get it out by certified mail.
 

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WESLEY ALESHIRE FAIR HOUSING CLASS COMING TO TOWN – Manage single family homes? This class is for YOU

Don’t miss out on this action packed fair housing law presentations in Bradenton, Clearwater and Tampa that will change your perception of why this law exists. Understand the bitter truth of why fair housing laws must exist, experience the effects of discrimination first hand, and learn how to protect yourself from simple but expensive mistakes that could cost you a fortune. Once you’ve experienced the harsh reality of discrimination, Wes will change the pace with a detailed review in a game show format similar to Jeopardy! 

 

Email us at info@evict.com for registration forms.

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BAD CHECKS AND THE THREE DAY NOTICE

A resident has received a Three Day Notice and within the time period allowed pays the rent with a check that later “bounces”.  Does giving the property manager a bad check constitute “payment”, nullifying the Three Day Notice and requiring a new Three Day Notice to be served?  We are not sure, as the law is unclear. The bad check was not really “payment” if the check was no good. It was merely a piece of paper.   The conservative approach is to issue a new Three Day Notice, unless you wish to take a chance! 
 

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In this issue:

FAA Legislative Days

Winning the Contested Eviction

We Won't Be Fooled Again

The Deceased Tenant

Residential Referral Payments

Fair Housing and You

Security Deposit Quick Tip

Fair Housing Class
Coming to Town

Bad Checks and The 3-Day Notice

 

Commercial Law and You

May
Legal Holiday Alert

Don't forget to exclude this Legal Holiday when preparing your Three Day Notices in May 2011!

30 - Memorial Day

 

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