Click here to view the Newsletter in your Web Browser
Click here to go directly to EVICT.COM


LEGAL NEWS

Vol. 7 Issue 5


VOTE NO ON AMENDMENT 4

Amendment 4 will be on the ballot this November, and its passage may change the course of Florida’s future. What is Amendment 4?  It is a constitutional amendment, which if passed, would require taxpayer-funded referenda on all changes to local government comprehensive plans. In other words, this “Vote on Everything” amendment would force Floridians – not the representatives they elect – to decide hundreds of technical comprehensive plan changes each year, raising taxes and costing Florida over 260,000 jobs, according to the Washington Economics Group’s study.  It is crucial that each one of us learns about and spreads the word about the dangers of the passage of Amendment 4, as proponents of Amendment 4 will soon be mounting a major media campaign to appeal to those who have no real idea what damage it will do to Floridians. Educating ourselves, friends, relatives and our residents is crucial and needs to begin now.
 

Click here for more info and resources on defeating Amendment 4.

Back to Top

I NEED MORE TIME TO GET MY STUFF OUT!!

You are at the apartment door with the deputy sheriff. The day of reckoning has come, and the Writ of Possession is being executed. The strange thing is that the resident has failed to lift a finger, and the unit is full of the resident’s personal belongings. It is as if the resident has done absolutely nothing to prepare for this day. The resident is nowhere to be found, and you are rightfully nervous about placing all the items to the property line. You change the locks but do not remove the items. The tenant then frantically calls you wanting to retrieve his items. Should you take the items to the property line? Help out the tenant? Give him an extension?
 

Click here to learn how to properly deal with this risky situation.

Back to Top

POLICE REPORTS AND YOU

The final eviction hearing involving your problem resident Conan will start in two hours. Conan smashed three cars in the parking lot last month resulting in his arrest. Off to court you go with the police report in hand. You like your chances of winning this case!  You arrive at the courthouse.  The judge asks you why you wish to evict Conan. You point out that Conan vandalized multiple vehicles in your parking lot. You then provide the judge with the police report which contains the police officer’s opinion that Conan is 100% responsible for the outrageous criminal conduct. The police officer is not present. You now listen in disbelief as the judge summarily denies your eviction.

Click here  to learn more about the powers and limitations of police reports.

Back to Top

LAWNS AND LANDSCAPING

Now that spring may be finally here, lawns and landscaping will occupy more of landlords’ and property managers’ attention.  Some will be appalled to find that their properties have dead lawns or shrubbery or both.  Others will find yards looking like jungles.  Still others will be contacted by residents requesting sprinkler repairs.  Homeowner associations will send violation notices.  Tenancies will be terminated, security deposits claimed, and lawsuits filed.  What are the resident’s responsibilities for “lawn maintenance”?  How much can be deducted from the security deposit?  How difficult is it to prove a damaged lawn was caused by the resident?

 

Click here  to find out about the issues associated with lawns and landscaping.
 

Back to Top

LEGAL QUICK TIP – SELF HELP

Your resident has installed a satellite dish onto your apartment community siding, interfering with the warranty you have with the siding company. Can you remove the dish?  No.  An obstinate resident refuses to remove a bicycle chained to the breezeway railing. Can you cut the lock and remove the bike?  No. The resident has put tinfoil on the inside of all their windows.  Can you remove it?  No. These are examples of the many resident noncompliance that must be dealt with using the Seven Day Notice of Noncompliance. Never engage in self-help, no matter how justified you may feel. Unsure of what to do? Pause and call your attorney immediately.
 

Back to Top

SILLY MISTAKE OF THE MONTH – THREE DAY NOTICES AND THE VACATED RESIDENT

You have a husband and wife as signers on the lease. During the lease they get divorced, and the husband vacates.  It is month 8, rent is not paid, and you don’t put the husband on the Three Day Notice.  After all, you figure he is gone, so why bother? Always put everyone who is a lease signer on the Three Day Notice, even if one has in fact vacated, UNLESS you have released that person from the lease with the proper signed documents. You don’t want an ex-husband coming back a month after the eviction looking for his personal property when he has not been properly evicted. This practice could expose your company to major liability.
 

Back to Top

In this issue:

Vote "No" to Amendment 4

I Need More Time

Police Reports and You

Lawns and Landscaping

Legal Quick Tip

Silly Mistake of the Month

 

Commercial Law and You

USEFUL LINKS:










 

Monthly e-newsletter of the
Law Offices of Heist, Weisse & Wolk, P.A.

Copyright 2004-2010. All Rights Reserved.

Law Office of Heist, Weisse & Wolk, P.A.

17264 San Carlos Blvd Ste 308 Ft Myers Beach, FL 33932 (Principal Address)
Available by appointment at:

2451 N McMullen Booth Rd., Ste. 244, Clearwater, FL 33759
37 N Orange Ave Suite 500, Orlando, FL 32801

Phone: 1-800-253-8428     Fax: 1-800-367-9038