To evict a tenant for housekeeping issues, the condition of the unit must be BAD. That means it must be MORE THAN messy, full of stuff, or cluttered. A sink full of dirty dishes does not constitute a violation that rises to the level of a noncompliance with the lease or Florida law.
To terminate a tenancy for poor housekeeping issues, you first need to serve a proper Seven Day Notice of Non Compliance with Opportunity to Cure. A Seven Day Notice to Terminate might follow if you are able to prove that the housekeeping issues listed on the cure notice were not rectified and that the housekeeping is indeed a serious problem that affects the health and safety of others, or that it is damaging the property.
SOME PROOF THAT NECESSARY PRIOR TO TERMINATING THE TENANT FOR HOUSEKEEPING REASONS...Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
Contact a professional for management of your investment/rental property.
JCG Property Management is a Fort Lauderdale based property management company. Janice Correale Gomez is a licensed Realtor with Coldwell Banker Residential Real Estate. For additional information contact Janice at 954.847.1126 or visit www.fortlauderdalepropertymanagement.com
Monday, January 31, 2011
Sunday, January 30, 2011
Interest Bearing Security Deposits
Florida law states that if a security deposit is held in an interest bearing account, you have two options to deal with the earned interest.
The first option is for the tenant to be paid at least 75% of the annualized average rate. The second option is to pay the tenant 5% simple interest per year.
Are you familiar with the Florida law as it pertains to rental properties?
JCG Property Management is a residential property management company based in Fort Lauderdale, Florida. The company is owned and operated by Janice Correale Gomez, a licensed Realtor with Coldwell Banker Residential Real Estate located on the 17th Street Causeway. For additional information, visit www.fortlauderdalepropertymanagement.com or call Janice Gomez at 954.847.1126
The first option is for the tenant to be paid at least 75% of the annualized average rate. The second option is to pay the tenant 5% simple interest per year.
Are you familiar with the Florida law as it pertains to rental properties?
JCG Property Management is a residential property management company based in Fort Lauderdale, Florida. The company is owned and operated by Janice Correale Gomez, a licensed Realtor with Coldwell Banker Residential Real Estate located on the 17th Street Causeway. For additional information, visit www.fortlauderdalepropertymanagement.com or call Janice Gomez at 954.847.1126
Saturday, January 29, 2011
Rentals with Pets - Collecting a Pet Deposit
A pet deposit is by its nature refundable. If something is designated a pet deposit with no other qualifying language, that refundable deposit is for pet damage, and in the event there is no pet damage, the deposit gets refunded.
Are you familiar with the legalities of rent deposits. How and where they are held? Time frames they must be returned? How to claim monies from a deposit? If not, contact JCG Property Management, a Fort Lauderdale property management company. Run by Janice Correale Gomez, JCG Property Managment is a full service residential property management company. Janice Gomez is a licensed Realtor with Coldwell Banker Residential RE on the 17th Street Causeway. For additional information visit www.fortlauderdalepropertymanagement.com or phone Janice at 954.847.1126
Are you familiar with the legalities of rent deposits. How and where they are held? Time frames they must be returned? How to claim monies from a deposit? If not, contact JCG Property Management, a Fort Lauderdale property management company. Run by Janice Correale Gomez, JCG Property Managment is a full service residential property management company. Janice Gomez is a licensed Realtor with Coldwell Banker Residential RE on the 17th Street Causeway. For additional information visit www.fortlauderdalepropertymanagement.com or phone Janice at 954.847.1126
Friday, January 28, 2011
Sales Tax and the Seasonal Rental
Seasonal rentals are quite common in Florida. Before taking on seasonal rentals,you must understand and follow all the laws set forth by the Florida Department of Revenue, or you could be in for some trouble. Recently, the Department of Revenue, hereinafter DOR, has increased its auditing and has been catching quite a few seasonal rental owners by surprise. Most of these owners who were in noncompliance did not fail to collect the taxes intentionally, but simply failed to know the law and made a mistake.
This article will address only a small part of the requirements regarding the taxes in seasonal rentals, and we will concentrate on the “non-rent” items which are taxable. Most peope, if asked, will know that the “rent” is taxable on a seasonal rental ,but the DOR goes a bit farther, and there are big traps for the unwary. If you find after reading this article that you have not been properly collecting the taxes, we recommend you contact your accountant right away and see what the best approach would be to avoid bigger problems, if and when you are audited. If you are audited and found to be in noncompliance, you will be subject to the back taxes, interest and penalties. Often the penalties and interest will be waived by the DOR if the mistake was unintentional, but the back taxes could be substantial.
JCG Property Management is a full service Fort Lauderdale property management company. In need of a property manager for your seasonal or annual investment property. Contact Janice Correale Gomez at 954.847.1126 or visit www.fortlauderdalepropertymanagement.com for additional information. Janice Gomez is a licensed Realtor with Coldwell Banker Residential Real Estate on the 17th Street Causeway.
This article will address only a small part of the requirements regarding the taxes in seasonal rentals, and we will concentrate on the “non-rent” items which are taxable. Most peope, if asked, will know that the “rent” is taxable on a seasonal rental ,but the DOR goes a bit farther, and there are big traps for the unwary. If you find after reading this article that you have not been properly collecting the taxes, we recommend you contact your accountant right away and see what the best approach would be to avoid bigger problems, if and when you are audited. If you are audited and found to be in noncompliance, you will be subject to the back taxes, interest and penalties. Often the penalties and interest will be waived by the DOR if the mistake was unintentional, but the back taxes could be substantial.
JCG Property Management is a full service Fort Lauderdale property management company. In need of a property manager for your seasonal or annual investment property. Contact Janice Correale Gomez at 954.847.1126 or visit www.fortlauderdalepropertymanagement.com for additional information. Janice Gomez is a licensed Realtor with Coldwell Banker Residential Real Estate on the 17th Street Causeway.
Thursday, January 27, 2011
NON-RENEWING A TENANT AT LEASE END
DO YOU NEED A REASON TO NON-RENEW AT LEASE END?
A landlord can non-renew a tenant for any reason or no reason at all, as long as the non-renewal is not based upon any illegal, discriminatory or retaliatory reason. A landlord is not required to provide the tenant with the reason for the non-renewal. It is imperative that if there is a reason for the non-renewal, that the landlord has this well documented in the landlord’s files. Often a tenant who is non-renewed claims that the non-renewal was based upon race, handicap, familial status or almost any other reason related to their status as a protected class. In the event the tenant files a discrimination lawsuit, a complaint with HUD or the local fair housing office, the landlord will be required to provide proof that the non-renewal was not based upon an illegal discriminatory reason, but was rather based upon some valid business decision or due to the tenant’s noncompliance with the lease or Florida law
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
A landlord can non-renew a tenant for any reason or no reason at all, as long as the non-renewal is not based upon any illegal, discriminatory or retaliatory reason. A landlord is not required to provide the tenant with the reason for the non-renewal. It is imperative that if there is a reason for the non-renewal, that the landlord has this well documented in the landlord’s files. Often a tenant who is non-renewed claims that the non-renewal was based upon race, handicap, familial status or almost any other reason related to their status as a protected class. In the event the tenant files a discrimination lawsuit, a complaint with HUD or the local fair housing office, the landlord will be required to provide proof that the non-renewal was not based upon an illegal discriminatory reason, but was rather based upon some valid business decision or due to the tenant’s noncompliance with the lease or Florida law
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
Wednesday, January 26, 2011
New Vacation Rental in Daytona Beach - Ocean View
Are you planning to vacation in Daytona Beach. Perhaps planning for Bike Week or the Daytona 500. I have the perfect vacation rental for you. Just six miles from the Daytona Internation Speedway, this two bedroom, two bath is on the ocean. Over 2000 square feet of air conditioned space with ocean views from both balconies. Condo is comfortably furnished, kitchen stocked for at home cooking; linens and towels. A week minimum is required. Rates starting at $1200 per week and subject to 12.5% sales tax and $100 cleaning fee.
For additional information visit www.vrbo.com/339205 .
JCG Property Management is owned and operated by Janice Correale Gomez.
Janice Gomez is a licensed Realtor with Coldwell Banker, located on the 17th Street Causeway. Visit www.fortlauderdalepropertymanagement.com for additional information.
For additional information visit www.vrbo.com/339205 .
JCG Property Management is owned and operated by Janice Correale Gomez.
Janice Gomez is a licensed Realtor with Coldwell Banker, located on the 17th Street Causeway. Visit www.fortlauderdalepropertymanagement.com for additional information.
Tuesday, January 25, 2011
Creating a Procedure for the Eviction Decision
Creating a procedure for the eviction decision
There is no set date on which you should file an eviction. Usually rent is due on the first, late charges begin on the 6th. The decision to file is often based upon market conditions, prior rent payment history, and unfortunately, the promises or statements made by the tenant. While many tenants will often come through and pay the rent, there will be many instances when they will deceive you, and now you are into the next month.
A property manageer will professionally handle all aspects of the eviction process. For additional information, contact JCG Property Management, a Fort Lauderdale based property management company. Janice Gomez is a licensed Realtor with Coldwell Banker Residential Real Estate on the 17th Street Causeway. Visit my website at http://www.fortlauderdalepropertymanagement.com/ or call at 954.847.1126.
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
There is no set date on which you should file an eviction. Usually rent is due on the first, late charges begin on the 6th. The decision to file is often based upon market conditions, prior rent payment history, and unfortunately, the promises or statements made by the tenant. While many tenants will often come through and pay the rent, there will be many instances when they will deceive you, and now you are into the next month.
A property manageer will professionally handle all aspects of the eviction process. For additional information, contact JCG Property Management, a Fort Lauderdale based property management company. Janice Gomez is a licensed Realtor with Coldwell Banker Residential Real Estate on the 17th Street Causeway. Visit my website at http://www.fortlauderdalepropertymanagement.com/ or call at 954.847.1126.
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
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