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WELCOME TO THE NEW MEMBER OF OUR FIRM |
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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? |
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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 |
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 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 |
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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? |
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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 |
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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 |
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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 |
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 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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