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LEGAL NEWS

Vol. 5 Issue 10


WELCOME TO THE NEW MEMBER OF OUR FIRM

We are pleased to announce that Michael Geo. F. Davis (Mike), attorney at law, has joined our firm, which will now be called the Law Offices of Heist, Weisse & Davis, P.A. Formerly in-house counsel for AIMCO handling the legal work for over 50 properties, Mike brings to the firm a large amount of experience representing property managers in evictions and other various legal matters, and most importantly, a strong dedication to the multi-family housing industry.  Where’s Cathy going? Read on!  

Click here for more information about the changes at the Law Offices of Heist, Weisse & Davis, P.A.

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SO YOU FORGOT THE LEGAL HOLIDAY THIS MONTH?

Countless numbers of our clients had to redo their Three Day Notices in October due to forgetting that Yom Kippur is a court observed legal holiday in most counties. Besides the inconvenience of a notice redo, a massive amount of money was lost due to the delay and having to wait for the new notices’ expiration. Every month, we post the Legal Holiday(s) for the next month on this newsletter. Are you going to forget Veteran’s Day and Thanksgiving next month? Just a friendly reminder!

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WHAT HAPPENS WHEN ONE OF TWO OR MORE TENANTS GIVES NOTICE TO VACATE AT THE END OF THE LEASE

You currently have a lease in effect with two or more tenants. One tenant gives notice that he or she will be moving out at the end of the lease, but the other existing tenant will remain.  Should you prepare a new lease with the remaining tenant? How will this affect the security deposit?  Must it be returned to the existing tenant? Does the departing tenant have a right to the deposit? 

Click here  for more info on End of Lease Issues.

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INCLUSIONARY ZONING ORDINANCE DEFEATED

Inclusionary zoning occurs when a governmental body requires that a certain minimum percentage of units are set aside to be classified as “affordable housing” in new developments and/or in significant rehabs or rebuilds. Is this good? Is this bad? While providing affordable housing is the goal of the multi-family housing industry, undue governmental regulation and requirements can actually cause housing costs to increase. Recently Jeff Rogo, Government Affairs Director of the Florida Apartment Association, and attorney Mike Davis were able help defeat an inclusionay zoning ordinance in the Tampa Bay Area.

Click here for an article by Jeff Rogo, FAA Government Affairs Director.

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WHO IS THE LANDLORD?

When managing a single family home, it may seem convenient to put the name of the property management company on the lease as the actual landlord. While it is true that the definition of landlord in Florida law means “owner” or “lessor”, it is always advisable to put the owner’s name on the lease as the landlord, and if the property manager has the authority to sign the lease, it should state “John and Mary Smith, through their agent”. You don’t want to be a “landlord” unless you in fact own the property.

Click here to see how the landlord should be stated on the lease.

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FIRE DANGERS AT MOVE IN

The electricity is off in the house or apartment, and the new tenant is to have it turned on in his name according to the lease. While moving in, boxes are placed on the counter and electric stove top. Children love to play with knobs of course and the tenant’s child turns the stove burner on. No harm done. The electricity is off. The next afternoon, the tenant has the electric put in her name and it is turned on. You guessed it. The unit burns to the ground. Could this have been avoided by the actions of the property manager?

Click here for some electricity turn on and turn off tips.

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COMMERCIAL LAW AND YOU - The Effect of Foreclosure on Commercial Property Tenants and Landlords

Given the economic crisis that is facing the residential market, many experts predict that the commercial market will soon begin to see an uptick in foreclosures. In fact, many property owners at this time with income producing properties are seeing attrition in their rentals, given the fact that many tenants are abandoning or vacating the premises. How will the foreclosure crisis affect commercial property? Are you prepared?

Click here  for a discussion of Foreclosure and the Commercial Property.
 

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THE FAIR HOUSING CORNER - “HOUSING FOR OLDER PERSONS”                                           By Cathy L. Lucrezi, Attorney at Law

There is one exception to the law that prohibits discrimination against families with children.  If the place meets the definition of “housing for older persons”, the landlord can refuse to rent to families with children.  But beware!  It takes a lot to fit into the exception.
 

Click here to better understand “housing for older persons”.
 

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In this issue:

New Member to Our Firm

Forgot the Legal Holiday?

One Tenant Leaving

Ordinance Defeated

Who is the Landlord?

Fire Dangers at Move In

Commercial Law and You

Fair Housing Corner

 
 

November
Legal Holiday Alert

Don't forget to exclude these Legal Holidays when preparing your Three Day Notices in November 2008!

11 - Veterans Day

27, 28 - Thanksgiving

   

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

Copyright 2004-2008. 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