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Fight My Way - EP15
Even though they may feel like it, legislation prevents tenants from withholding rent while waiting for repairs to be done. Is the apartment community liable? Later that day, the actual tenant came home to find all his items of value taken, and the maintenance tech admitted he had let the woman in the night before. The escrowed funds belong to the tenant. Some of our clients, against our advice, specifically agree with the tenant in writing in the lease agreement that the property manager shall retain all the interest on the deposits. What should I tell the tenant? Deposit money is defined by Florida law as any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally. The unit has some belongings, trash, etc. Additionally the clause should have a set number of days' notice for the tenant to vacate the premises upon such sale. Can this completely protect the landlord? Does the foreclosure affect the lease? If anything, the property manager may get their bank fees waived, and this is common practice in many banks. She then decided to remove everything of value from the apartment.
A landlord can abuse this clause by entering in a sham contract with a third party, so as to be able to invoke the termination upon contract clause. This is a tough question. Over the next couple years, this exact case will be tried and a jury will decide. If you wish to authorize this person, please read the article Authorizing the Unauthorized Occupant and take the steps to authorize the occupant if you so desire. Even so, you should not offer legal advice. If the tenant is not home, the Process Server or Sheriff's Deputy must make a return trip no less than 6 hours later, and if the tenant is still not home, tapes the Complaint, Summons and attachments to the door. The initial filing of the eviction is only the first step in a process in which the paperwork passes through many hands, and eventually ends on the day when the Sheriff meets you at the door and gives you possession of the premises. The vandalism is more serious when a significant amount of damage occurs on the premises or to another tenant's property. These matters are extremely important to deal with using the police, even if just based on a rumor or one child's word against another. A child who shoots a BB gun off the balcony at other persons, property or animals has absolutely no regard for the seriousness of his actions, and this needs to be dealt with swiftly. Later that day, the actual tenant came home to find all his items of value taken, and the maintenance tech admitted he had let the woman in the night before. In many instances of property damage, the damage is reported to you by other children. The Security Deposit and other Escrow Money A common mistake in property sales is not to address the escrow money. Professional property managers have well-developed systems for tenants to report any urgent repairs or damage, which can then be remedied by whichever party is responsible by agreement. This policy can be based upon a monetary limit or the type of damage involved. You meet the Sheriff's Deputy at the unit and change the locks; the Sheriff's Deputy removes the tenant, and you take all the tenant's belongings to the property line. Can the rights of the tenant and landlord be modified by contract? A report must be created, and potentially the tenant will be evicted if your attorney advises this action. These actions would usually warrant a Seven Day Notice to Cure rather than police activity. They are fine on the 5-acre farm but completely inappropriate and potentially illegal and deadly when used on the premises of an apartment community. If the tenant is paying the rent, the property is kept up, there are not an excessive number of tenants in a unit, occupancy is low, and parking is adequate, a property manager will overlook the unauthorized occupant. An Agreement to Vacate may be another possibility, and your attorney will be able to best advise you. Do not trust a Mutual Release to completely protect the landlord in this situation, but always use one when allowing the lease break. Legitimate Tenant Complaints If a tenant complains about a legitimate and verifiable problem that the landlord cannot rectify within a reasonable period of time, we feel that the tenant should be given an offer by the landlord to break the lease. At a bare minimum, make sure the parent or guardian of the child involved is served a Seven Day Notice. Remember that once you know there is or was an unauthorized occupant, make sure you follow up to confirm that the person is truly gone and not just being more careful about being caught.
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