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LEGAL NEWS - JUNE 2010 |
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As
we move into the summer and we still cannot see the light at the
end of the recovery tunnel, it is a great time to pause and
examine your property management systems, standard procedures or
lack thereof. Are you using checklists for everything you do
from application to collections or relying upon memory? Do you
have a policies and procedures manual or are you just winging
it? Most property managers perform their tasks the way they were
trained to do it by their predecessor who may or may not have
had any training or do it the “way it always has been done
here”. With no formal training in property management, mistakes
are made over and over again and can become expensive. It is
time to break the cycle and carefully look at the way things are
being done, examine mistakes that are being made and
implementing ways to them from occurring again.
The
rent is late and the landlord has had no response to the Three
Day Notice that he posted. The landlord opens the door to
his rental and finds the resident gone. Almost all the
resident’s property is gone also. The problem for the
landlord is the “almost all”. The resident left some
things behind in addition to full garbage bags and some trash on
the floor. The landlord faces the recurring problem of
determining if this resident abandoned the rental and the
remaining property. The landlord would like to avoid the
expense of an eviction if possible. How does the landlord
decide?
Hopefully
by now you have come to your senses and are using a “screening
company” rather than just obtaining a credit report and doing a
criminal background check but is this enough? Do you know if
your applicant is or was under eviction? Did they really get
foreclosed on? Did they really have to move because of their
prior landlord’s foreclosure? The public records available to
you for free have a wealth of information and you need to know
how and when to use them.
Curtis,
one of your residents, has walked into the management office.
Your leasing assistant tells you that Curtis would like to
terminate his lease with no further rent obligations. His lease
is not due to expire for another six months. You ask Curtis to
step into your office so that you can discuss the matter. You
politely inform him that he will be responsible to pay the rent
until the apartment is relet. Curtis shakes his head, tells you
that he will now be stationed in Germany, and that you will
violate federal law and state if you do not allow him to break
his lease. This is news to you! Is he correct?
Many
property managers lose their patience when trying to collect
rent, rightly so, and want to avoid taking a personal check on a
late payment due to the risk of the check bouncing late in the
month or into the next month. The manager boldly places wording
on the Three Day Notice that “Payment must be made by Cashier’s
check or Money Order only” . The problem though is that unless
the lease agreement states that you can make this demand, you
cannot. Easy fix? Do not put any extraneous wording on your
Three Day Notice and if tempted, call your attorney who will see
if your lease supports a demand of rent in a restricted form.
If
you are a real estate licensee currently using the Supreme Court
Approved lease, please remember that on April 15, the revised
version was published and you now must provide the resident with
a full copy of the Residential Landlord and Tenant Act Part II
along with the lease.
Monthly
e-newsletter of the Copyright 2004-2010. All Rights Reserved. |
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Law Office of Heist, Weisse & Davis, P.A.
2753 SR
580 Ste 101, Clearwater, FL 33761
Phone:
1-800-253-8428 Fax:
1-800-367-9038 |