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
Wednesday, February 9, 2011
Tuesday, February 8, 2011
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
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
Monday, February 7, 2011
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
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
Friday, February 4, 2011
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
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
Thursday, February 3, 2011
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
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
Tuesday, February 1, 2011
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
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
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