Daytona Bike Week Anyone - Great Ocean View Rental

Interested in Bike Week, International Speedway races or just a week relaxing on the beach. I have a beautiful two bedroom, two bath condo available for rent. Minimum rental period is one week. The building offers top shelf amenities. Sits on the sand and it conveniently located 6 miles from the International Speedway.

For additional information, photos and rates visit my website at http://www.fortlauderdalepropertymanagement.com and click on the properties tab.

JCG Property Management is a Fort Lauderdale based property management company, owned and operated by Janice Correale Gomez, a licensed Realtor with Coldwell Banker Residential RE. Janice can be reached at 954.847.1126.

Rufus Needs to Go - Are you Protected?

The scenerio is as follows: Rufus was allegedly a 16 pound terrier mix when your new tenant signed the lease and pet addendum. You are now scheduled for your first quarterly property review and find Rufus at the property looking to be about 70 pounds and a mix of what you are not certain. Your tenant is now in non-compliance of the lease. Does your lease include a signed pet addendum? Is the pet addendum worded to protect you and your property in the event of a non-compliance?

When in doubt contact the professionals. JCG Property Management is a Fort Lauderdale property management company. Janice Gomez is a licensed Realtor with Coldwell Banker, 910 SE 17th Street, Fort Lauderdale, FL 33316. Visit http://www.fortlauderdalepropertymanagement.com for additional information or call Janice at 954.847.1126

VIneyards at Plantation - New Managed Rental

I just added a Plantation townhouse to my inventory of managed properties. Vineyards of Plantation is located on Pine Island Road between Sunrise and CLeary Blvd's. Convenient to I595, I95,restaurants and shops.

The townhouse is a lakefront, two story; two bedroom, two and a half bath, one car garage. The entry level has an open kitchen with space for a small table and chairs, half bath, large living area with vaulted ceilings and a lake view from sliders to the the tiled patio. The second floor has two bedrooms, each with their own bathrooms.

Complex offers a community pool with lounges and chairs as well as a benched seating area on the lake. $1350/month.

JCG Property Management is a Fort Lauderdale based property management company located at 910 SE 17th Street. Janice Gomez is a licensed Realtor with Coldwell Banker. Visit http://www.fortlauderdalepropertymanagement.com or call Janice at 954.847.1126.

No Dog, No Addendum

Have you ever run into a situation where your tenant is signing a lease and may, perhaps, sometime down the road, want to adopt a dog. It is important that the lease not include a signed pet addendum. Having the tenant sign a pet addendum, especially if a pet deposit is collected, can cause problems as time goes on and the tenant doesn't adopt that cute little poodle he/she spoke about but an oversized, very aggressive 90 pound mixed breed. You now have a tenant in your property with a signed pet addendum, however, not the pet you would have approved. How do you prevent this from happening?

Your lease should state that pets are not allowed without prior written consent from the landlord. Once you see the dog and give approval, then have the pet addendum signed. This will prevent having to file a notice of non-compliance and having any issues with your tenant.

JCG Property Management is a full service residential property management company located at 910 SE 17 St, Fort Lauderdale, FL 33316. Janice Gomez is a licensed Realtor with Coldwell Banker. For additinal information please visit http://www.fortlauderdalepropertymanagement.com or call Janice at 954.847.1126.

Keeping up with the time.

I am headed to a refresher course this morning. We learn something new everyday and as it relates to property management, new statutes, rules and regulations constantly change. It is imperative to stay on top of new ordinances.I will write tomorrow and share the events of the day.

JCG Property Management specilizes in residential property management for the investor or out of state owener. For additional information, visit my website at http://www.fortlauderdalepropertymanagement.com or call Janice at 954.847.1126. Janice Gomez is a licensed realtor with Coldwell Banker at 910 SE 17th Street, Fort Lauderale, FL 33316.

Are Dogs Allowed? Let's be Certain...

Dogs are like family and most times you will encounter a tenant looking to rent a property wanting to bring along their furry companion. There are several commonplace rules to follow when allowing pets in a rental property.

First and foremost is to confirm that pets are allowed if you are dealing with an association. From there, you need a properly executed pet addendum. Secondly, you should collect a pet deposit, which is refundable if the pet does not damage the property. Some owners opt for a pet fee, which is a non-refundable fee.

Paramount to the above, it is imperative to confirm your insurance policy allows pets. Does the coverage include pets for tenant's? In the event of an injury due to a dog bite does the liability insurance cover it?

Let the professionals handle the management of your investment property. When in doubt, contact JCG Property Management, a Fort Lauderdale Property Management company. Owned and operated by Janice Correale Gomez, JCG Propery Management can cover all your property managment needs.
For additinal information visit http://www.fortlauderdalepropertymanagement.com or call Janice at 954.847.1126. References available on linkedin.com.

Fort Lauderdale Propety Management Website Update

JCG Property Management just completed an update to the website http://www.fortlauderdalepropertymanagement.com. Please visit my website for a list of available rental properties in the Fort Laudedale and Daytona Beach areas. You will also find information on property management services that are available to the investor or out of state owner.

JCG Property Management is owned and operated by Janice Correale Gomez, a licensed Realtor with Coldwell Banker, 910 SE 17TH Street, Fort Lauderdale, FL 33316. Janice can be reach at 954.847.1126

Imposing a Claim on the Security Deposit

There are many laws that pertain to the landlord/tenant. One of prime importance is the intention to claim a security deposit. Florida statue 83.595 allows for 30 day notice to impose a claim. Thirty day notice begins on the day the tenancy ends.

What are the consequenses to not following the law? For certain, they are not favorable to the landlord as you are now required by law to return the security deposit to the tenant and forfeit the right to impose a claim.

Property Management should be left to the experts. JCG Property Management can do the job for you. Residential property management services are available to the investor or out of state owner. Whether tenant occupied of in need of management or concierge service in your absence, JCG Property Management can do the job for you. For additional information visit http://www.fortlauderdalepropertymanagement.com or call Janice Correale Gomez at 954.847.1126.

MANAGING IN CONDO OR HOMEOWNER ASSOCIATIONS

The landlord managing property governed by a condominium association or homeowners association, hereinafter “Association” has unique challenges and requirements. Not only do the Florida Landlord/Tenant laws apply to the relationship, but the Declaration of Condominium and the rules and regulations of the Association apply to the relationship. Often these rules and regulations change, and if the landlord or property manager is not alert and keeping up with these changes, major problems can occur. Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk

When in doubt hire a professional. JCG Propety Management, a Fort Lauderdale based property management company handles all aspects of residential property management services. Visit http://fortlauderdalepropertymanagement.com for additional information or call Janice Gomez at 954.847.1126

DOES A LEASE TERMINATE WHEN THE PROPERTY SELLS?

A common question that we get has to do with the status of a lease in the event of the sale of the property. The quick answer is that the property can sell a hundred times, and the lease will survive. When a tenant rents a unit, the tenant has a full right to use that unit for the period of time as defined in the lease agreement. While it is not a right of ownership, it is a right of use, and this right is strong and recognized under law. All terms and conditions of the lease will continue when only the ownership changes. Can the rights of the tenant and landlord be modified by contract? Absolutely, and often leases are prepared which do in fact terminate upon the sale of the premises.
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk

JCG Property Management is a Fort Lauderdale based company. Janice Gomez is a licensed Realtor with Coldwell Banker, 910 SE 17th Street, 33316. For additional information on rentals, sales and purchases of real estate, call 954.847.1126 or visit http://www.fortlauderdalepropertymanagement.com

WHY IS A THREE DAY NOTICE NECESSARY?

Florida law states that a landlord must serve a Three Day Notice when a tenant is late with the rent, giving that tenant three business days to pay the rent or vacate. Many landlords have trouble accepting that a tenant has the right to be given this notice when the tenant is delinquent, often each month. Why can’t the landlord just evict the tenant if the tenant fails to pay on time? The landlord can, but only after allowing the tenant a legal “grace period” of three business days after the date that the rent is due, according to the terms of the lease agreement. No matter how many times the tenant has been late, the landlord cannot attempt to terminate the tenancy if a valid lease is in place without first serving the Three Day Notice, waiting for payment, and then not receiving the payment within the three business day time period as the notice allows. Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk

JCG Property Management is a Fort Lauderdale based company. Janice Correale Gomez is a licensed Realtor with Coldwell Banker located at 910 SE 17 Street. For additional information on management of your property you can contact Janice at 954.847.1126 or visit http://www.fortlauderdalepropertymanagement.com

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THE POWER OF THE MOLD ADDENDUM

Mold and the Landlord/Tenant Act

Nowhere in the Landlord/Tenant Act is mold mentioned. Can a tenant break a lease because of mold? Does the landlord have to remove the mold for the tenant? Can the tenant withhold rent due to the mold? Suppose the tenant’s actions or inactions cause the mold problem? Can we simply terminate the tenancy because of the mold? These are tough questions in an incredibly grey area.

83.52 Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
(2) Keep that part of the premises which he occupies and uses clean and sanitary.
(3) Remove from his dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so…

Proper wording in a Mold Addendum could be the answer. Since mold can be a serious problem requiring the landlord to terminate the tenancy, we recommend that the parties agree by way of the Mold Addendum that the tenancy can be terminated in the event of a mold situation. Many leases have clauses which allow termination in the event of damage to or destruction of the premises. The Mold Addendum clause deals exclusively and specifically with termination due to mold. Can the tenant terminate if there is mold? While it is not mentioned in our sample clause, the answer is yes. If a landlord receives notice of mold from the tenant and the landlord does not rectify the situation within 7 days, the tenant by law can most likely terminate the tenancy or withhold rent.

Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk 1.800.253.8428

JCG Property Management is a Fort Lauderdale based company. Janice Correale Gomez is a licensed Realtor with Coldwell Banker located on the 17th Street Causeway. Visit www.fortlauderdalepropertymanagement.com or call Janice at 954.562.8210

Accepting Rent and The Seven Day Notice

The most common lease noncompliance is of course nonpayment of rent. Most landlords are quite familiar with this problem and know to serve a Three Day Notice in accordance with the law. If the rent is not paid within the three day time period excluding Saturdays, Sundays and legal holidays, an eviction can be filed, and the tenant most likely will be evicted. Life though is just not that simple. Many tenants engage in other non-rent noncompliances, such as having the unauthorized occupant, unauthorized pet, excessive noise disturbances or simply having a grill on the balcony which violates the fire code. There are many noncompliances that the tenant will engage in, necessitating the landlord to serve the Seven Day Notice to Cure. This notice gives the tenant seven days to either start doing something he is supposed to do, or stop doing something he is not supposed to be doing, or else the landlord may have a right to terminate the tenancy and begin an eviction if the tenant fails to vacate. The situation becomes complicated when the tenant is out of compliance with a lease provision unrelated to rent AND rent becomes due in the meantime. Timing of the notices and the actions of the landlord can determine whether or not the notices will remain valid and support an eviction.

Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk

For additional information on property management services in the Fort Lauderale area contact JCG Property Management. Janice Gomez is a licensed Realtor with Coldwell Banker Residential located at 910 SE 17th Street. Visit www.fortlauderdalepropertymanagement.com for additional information or call Janice at 954.847.1126

Copying ID - Is it Legal?

Many landlords are reluctant to copy the tenant’s identification due to a fear that this will trigger a Fair Housing violation. By not having a copy of the identification, the landlord is at a distinct disadvantage when this identification is needed later in the tenancy or for collection purposes. Should the identification be copied? Is it legal? Let’s look at the risks and benefits of copying the ID and get some advice from our nation’s Fair Housing Experts.

The Application Process

Most landlords have been advised that copying an applicant’s identification and keeping it with the file can open you up to a Fair Housing complaint. The theory behind this is the fact that you can gather up numerous applications, sit down and review them, look at the photos of the applicant and decide to discriminate against the applicant based on race, religion, color, nationality or anything else you may be able to determine by viewing the image of the applicant. Possibly, the applications are gathered and sent to a third party in your company who makes the ultimate decision as to accepting or rejecting the applicant. This person can easily sort through the applications and make decision based on what they see on the applications. In the event of a Fair Housing complaint, the investigator may and probably will want to see all your applicants’ files, and in the event there appears to be a pattern of discrimination against someone based upon a protected class that can be determined by the ID copies, you will have a lot of explaining to do. Is it illegal to make copies of the ID at the time of application? Nadeen Green, a nationally respected Fair Housing expert and Senior Counsel with For Rent Media Solutions says this :"If you feel a need to have a copy of the applicant’s photo prior to them being approved, (1) know the risk, (2) be consistent within the policy, and (3) be sure you can absolutely justify the decision making procedures and process as to why one person got an apartment and another did not. Otherwise there could easily be the illusion that decisions were based on factors about the people, with those factors being identified through the photos."

Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk.

JCG Property Management is a Fort Lauderdale based property management company. For additional information call Janice Gomez at 954.847.1126 or visit www.fortlauderdalepropertymanagement.com

REQUIRING NOTICE PRIOR TO LEASE END

Many leases have a clause stating that the tenant must give the landlord a certain number of days notice in writing that they are vacating at the end of the lease. If the tenant fails to give this notice and vacates, the landlord tries to charge the tenant a specific amount for failure to give this notice. While it is our opinion that a landlord should do their best in determining whether a tenant is staying or going through the use of notices to the tenant which require a response by a specific time, landlords still insist on charging for insufficient or nonexistent notice. Florida law now allows this, but if it is not done properly, the landlord can find themselves in serious trouble, especially if they report the amount charged to a collection agency, and it winds up on a credit report.

A careful reading and understanding of the law is crucial if the landlord insists on charging the tenant an amount for failure to give notice. Unfortunately, the law is a bit tricky, as it requires the landlord to give the tenant notice that they will be charging the tenant for failure to give notice. This may seem like a tongue twister, but it simply is a requirement of the landlord to “remind” the tenant that the tenant must give notice so the tenant is not “surprised”.

The law enacted in 2004

83.575 Termination of tenancy with specific duration.--

(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises. (2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection. (3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57 the tenant is liable to the landlord for an additional 1 month's rent.

How it works: In order to enforce a clause in your lease that requires a tenant to give you notice prior to lease end, you must do the following:

Give the tenant a notice WITHIN 15 days of the beginning of the notice period you are requiring from the tenant.

Example: Your lease requires 30 days notice from the tenant. You must “remind” the tenant of this by giving the tenant notice of this sometime within days 30 and 45 prior to the lease ending.

Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk

Contact JCG Property Management, a Fort Lauderdale based property management company. Visit www.fortlauderdalepropertymanagement.com or call Janice Gomez at 954.847.1126

TWO PEOPLE PER BEDROOM?

When it comes to occupancy limits, it is good to follow the HUD regulations. But what, exactly, are those guidelines? Contrary to myth and rumor, the guidelines do not say “two heartbeats per bedroom”. Instead, HUD recommends basing an occupancy limit on the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit.

Consider two situations where landlords refused to rent a two-bedroom unit to a family of five, based on a “two people per bedroom” policy. The first family was attempting to rent a unit with two large bedrooms and spacious living areas. The second family was attempting to rent a small unit with two small bedrooms. HUD says the first family likely has a claim for discrimination, while the second does not.

The bottom line? There is no clear cut rule. Your occupancy limits should be reasonable. They should be based on size of the unit (how many square feet?) and the number of sleeping areas (i.e., people can use a den for a bedroom).

Lastly, your occupancy limit should refer to the number of people in the unit, not the number of children in the unit.


Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk