How to Protect Your Right to the Security Deposit

Posted: Jul 09, 2019
By: NatEvict
Comments: Comments Off on How to Protect Your Right to the Security Deposit

How to Protect Your Right to the Security Deposit

As a landlord, you may be entitled to keep a portion of your tenant’s security deposit for reasons such as a breach of lease or damage caused to the apartment. However, if you do not follow your state, county, and city security deposit laws exactly, you may be forced to return the security deposit you are rightfully owed. Here are some steps to take to help you protect your right to the security deposit.

Put it in Writing

All information regarding the security deposit basics should be included as a provision in your lease agreement. It should include:

The amount of the security deposit received.
The fact that it is a refundable deposit if the tenant abides by all terms of the lease.
That it will be stored according to your state, county and/or city’s procedures for security deposits. For example; It will be placed in a separate interest-bearing bank account. The bank’s name is “X,” the bank’s address is “X,” and the interest rate is “X” percent.
You will also want to include reasons you, the landlord, may be legally allowed to keep a tenant’s security deposit, such as damage done to the property in excess of normal wear and tear and nonpayment of rent. Legal reasons you may be allowed to keep a tenant’s deposit will vary based on the state, county, and city where your rental property is located.

Take Pictures of the Property, Inside and Out, Before the Tenant Moves In

Print out the pictures. When the tenant moves in, have them sign and date the back of each picture to acknowledge the condition of the property upon move in.

Have a Move-In Walk-Through With the Tenant and Have Them Sign a Move in Checklist

In addition to having the tenant sign and date the pictures showing the condition of the property, you will want to walk the tenant through the property. Turn on the stove, open the freezer, open, close, and lock the windows, run the faucets, and flush the toilets.

Your move-in checklist should include the items in the apartment and their condition. Some examples would be:

Stove in working order
All outlet covers in place
All windows lock
Screens on all windows
Refrigerator in working order
Freezer in working order
Two smoke detectors
Two carbon monoxide detectors
Smoke detectors in working order
Carbon monoxide detectors in working order

As the tenant approves each item, place a checkmark next to it. Then have the tenant sign and date the bottom of the form acknowledging their agreement that the property is in good, habitable condition. If there are any known defects, such as a large scratch in the hardwood floor in the living room, they should be noted here.

Notify the tenant in writing after they move in

Notify the tenant in writing within “X” number of days of their move-in date (as determined by your state; usually between 14 and 30 days) of the name of the bank, the address of the bank, and the interest rate at which their security deposit is being held (if applicable in your state).

Notify the tenant of the annual interest accumulated on their security deposit (if applicable in your state).

Before the tenant moves out, give them a list of move-out procedures.

For example, they should remove all trash, leave the property broom swept clean and should return the keys to you, the property manager or the building superintendent.

Take Pictures of the Property After the Tenant Moves Out

Sign and date these pictures. Make a note of any damage done to the property.

Notify the Tenant in Writing After They Move Out

Send the tenant a letter within “X” amount of days of their move-out (as determined by your state law). Return the applicable amount of security deposit to the tenant. If you have kept any or the entire security deposit, you must give an itemized list of expenses explaining why you have kept the money. If the tenant has not provided you with a forwarding address within 30 days of move-out, you may not be legally obligated to return the security deposit.

Realize That Your Tenant Does Have the Ability to Contest Any Money You Have Kept

The tenant can file a claim in small claims court to try and recover the money. If you have not followed the laws of your state, county, or city exactly, they may be able to take back the security deposit, even if you were otherwise entitled to keep it. For example, in some states, if you did not notify a tenant in writing as to the bank name, address, and interest rate at which their security deposit was held, you may not be allowed to keep any money owed to you.

Tags: Eviction Information, Landlord Information, Security Deposits

Here’s some answers for the security deposit laws in Florida

Posted: Jul 09, 2019
By: NatEvict
Comments: Comments Off on Here’s some answers for the security deposit laws in Florida

Here’s some answers for the security deposit laws in Florida

In Florida, many residential rental agreements or leases require a security deposit. Usually a month’s rent, a security deposit is a dollar amount that’s collected by the landlord to protect against property damage due to a tenant’s negligence or carelessness.

When it comes to security deposits, Florida landlords and tenants both have certain basic rights. These rights are specified under Florida landlord-tenant law. Landlords must comply with these laws when handling a tenant’s security deposit.

1. What amount can a landlord ask for a security deposit?

The Florida Security Deposit law doesn’t limit the amount a landlord can charge a tenant for a security deposit. However, the amount should be reasonable.

Local laws can, however, set the cap on the amount a landlord can ask.

2. How should landlords store a tenant’s security deposit in Florida?

Florida rental laws state that a landlord can store a renter’s security deposit in three different ways. First, landlords can post a surety bond for the amount of security deposit. A surety can be used as an alternative to a security deposit.

A surety bond, similar to a security deposit, is a form of insurance that provides a contractual promise. That is, the bond company stands ready to compensate the landlord up to the limits of the bond if the tenant fails to abide by the lease terms.

Tenant surety bond premiums typically cost a tenant about 10% to 20% of the deposit. The landlord must also pay the tenant 5% interest annually on the bond.

Second, in Florida, landlords can place a tenant’s security deposit in a non-interest bearing account. Landlords aren’t allowed to commingle fun ds. Also, unless the funds are due, landlords shouldn’t use any part of it.

Third, landlords may also place a renter’s security deposit in an interest-accruing bank account. Interest earned annually must be paid to the renter when the lease term expires. A landlord can pay it in two ways. One, by crediting it back to the tenant in the form of rent. Or two, paying it directly to the tenant.

3. Is a landlord required to give the tenant a written notice after receiving the security deposit?

It’s mandatory for landlords to do so under Florida security deposit law. After its receipt, a landlord must notify the tenant, in writing, of its receipt within thirty days. In the notice, the landlord must state:

The address of the banking institution; where the security deposit is being held.
If the funds are separately kept or are mixed with other funds.
If it’s being kept in an interest-bearing account and how much the interest rate is.

The notice can be delivered in person or can be sent via mail to the tenant.

Moreover, if any of these terms are changed, it’s the landlord’s responsibility to inform the renter in writing within one month.

4. What reason does the landlord have to keep all or a portion of the tenant’s security deposit in Florida?

There are instances where a landlord may make deductions from the renter’s security deposit. Common reasons include:

The renter made unauthorized repairs. For example, the tenant repainted the rental unit without getting the landlord’s approval.
The renter caused property damage. The damage must be in excess of wear and tear. Examples of wear and tear include:
Discoloration of furnishings and upholstery.
Scratches and marks on wooden furniture, worktops, door handles and other often used items and surfaces.
Painting and redecorating.
Damage caused to a property due to high winds.
Appliances that have broken down due to age.

Damage caused by the tenant’s negligence or carelessness isn’t the landlord’s responsibility. Examples of damage that a Florida landlord has a right to deduct from the tenant’s security deposit include:

Damaged electrical appliances by careless usage.
Broken bed frames, tables, curtain frames, chairs, and so on.
Pets damaging property or items.
Ruined carpets with stains or cigarette burns.
Damages caused by a party.
Broken windows caused by tenant or tenant’s guests.
Failure by the tenant to pay rent. Landlords can withhold a renter’s security deposit when the renter fails to make rental payments.
The landlord can also make deductions to a tenant’s security deposit when tenants fail to clean the rental unit especially when they are moving out.

5. Is a walkthrough inspection required under Florida landlord-tenant laws?

No. It isn’t required in Florida. However, in other states like California and Arizona, this process is required. A walkthrough inspection is when both the tenant and the landlord go through the rental unit to assess its condition.

Tenants must vacate the rental premises in the same way they found it when they moved in. Otherwise, the landlord has a right to make deductions to the tenant’s security deposit.

6. When should the landlord return the security deposit to the tenant once they move out?

If the landlord intends to impose a claim on the deposit, the landlord has 30 days to give the tenant a written notice specifying the reasons. The notice, using exact language found in Florida Statute, must list the damages as well as the charges.

The deductions are automatically forfeited if the landlord fails to do this. If the tenant doesn’t object to the deductions, the landlord must send the remaining deposit within 30 days after initial notice.

However, if the landlord doesn’t intend to impose a claim on the security deposit, he or she has 15 days to return the deposit back to the tenant.

7. What happens to the security deposit when property ownership changes?

In the event of property ownership changes, the landlord is required to notify the tenant of the changes in writing. The landlord must also transfer the security deposits to the new landlord. Once this is done, the new landlord assumes all responsibilities under the existing lease agreement.

Other Articles on Security Deposits: Read Protecting your Rights to your Security

This overview of security deposit laws in Florida is only meant to be informational. For specific questions, please consult a qualified Florida attorney. For help with your Florida Eviction needs contact us today!

Read the Florida Laws on Security Deposits: https://www.flsenate.gov/Laws/Statutes/2011/83.49

Tags: Eviction Information, Florida Eviction Articles, Landlord Information, Security Deposits, Tenant Information

Legal Removal of Unwelcome House Guests

Posted: Jun 28, 2019
By: NatEvict
Comments: Comments Off on Legal Removal of Unwelcome House Guests

Legal Removal of Unwelcome House Guests

Any uninformed attempt to “evict” an uncooperative and unwanted house guest can be frustrating and costly for both tenant and landlord. The first step is to establish whether the house guest is a lodger, a bonafide house guest, or a roommate. Legal definitions may vary slightly from state to state, so check with our local housing department for details.

Family members and friends can wear out their welcome through an over-extended stay. When this happens, the most general and direct option is to ask them to leave. Beyond a simple request, other legal options to remove a family member will be governed by the laws of your state.

Learn your rights as a Landlord on NationalEvictions.com Read our Blog. Learn the Process of an eviction in your State.

Tenant or Licensee?

Before you begin any legal action, you must first determine how the law classifies the unwanted family member: Are they a licensee or are they now a tenant? A family member or friend occupying your home may be considered a tenant regardless of whether a lease was signed or rent was paid. If the family member paid for things like utilities or food, the payment of these expenses can be considered rent. Accordingly, some state laws will treat them as a tenant. To remove them from the premises you will have to file a formal eviction proceeding (known as an unlawful detainer action) as in any other landlord-tenant relationship.

If no form of rent has been paid, many states permit you to simply ask the family member to leave and remove their belongings without any legal proceedings. However, in other states, someone who enters your home and stays with your permission will be classified as a licensee. This status grants the family member more rights than a general guest. To revoke the permission you gave them to remain on your property, you will need to go through the steps of a formal eviction to have them legally removed.

Preparing for Eviction

If your state’s laws classify the family member as a tenant or licensee, your next step is to prepare for an eviction, or unlawful detainer action. Before you can file suit, you must first serve your family member or friend with a notice to vacate (or notice to quit) the premises. This is a more formal way of asking the person to leave your home. The notice must be given before the suit is filed. In some states this notice can be for as little as 3 days prior, in others, as much as 30 days. Each state has its own rules regarding how and when to serve the notice. Be sure to follow all legally required steps. If your family member or friend fails to leave by the requested date, you can then file an eviction petition.

Once you file your petition, you must request an unlawful detainer hearing. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. If the judge agrees with you, the judge will issue an order of eviction and a writ of possession (or your state’s equivalent). The order will usually set a vacate date for the family member or friend. If they still refuse to leave in violation of the order, you can then call law enforcement and to have them removed, using physical force if necessary.

Eviction or unlawful detainer actions are not generally complicated lawsuits. However, the rules of tenancy and procedure vary by state. Before jumping into a lawsuit, you should speak with an attorney in your area to learn your state’s rules and local procedures. They can advise you on the correct legal steps required in your jurisdiction. While having an attorney represent you in this type of case is not mandatory, you can avoid more problems by having one. If you fail to comply with all of your state’s eviction procedures you will delay removal of the unwanted guest. You may even find yourself on the receiving end of a lawsuit for unlawful eviction. Remember, follow the law and don’t be tempted to use self-help measures such as changing the locks or physically removing the person yourself.

Protective Order

Finally, if a family member or friend living in your home is abusive and putting you in fear for your safety, the quickest temporary solution under such circumstances is to apply for a protective order from your local family court or criminal court. Depending on the laws in your state, a protective order can exclude the unwanted family member from using the residence for 30 days or for a number of years. Even if a protective order is granted, you should still consider eviction proceedings to remove the unwanted family member permanently.

Rights of Homeowners

In general, if you own and live in the dwelling unit or home, and the individual rents a room in the dwelling, he or she is considered a lodger. As a homeowner, you have the right to terminate the lodger’s tenancy by written notice to vacate. If you are unsure of what the notice should outline, written notice to vacate templates are readily available through a number of reputable online sources.

Written notice is usually served with a 30 day notice period. Once the period expires, any agreement that you may have with the lodger is terminated by operation of the law. Homeowners in these cases are also entitled to police assistance in removing the individual from the home. Formal eviction procedures are not required in these cases.

Rights of Renters

If you are renting a home or apartment, working on a solution within the letter of the law can be more difficult. Lodging laws do not apply to renters. Renters do not own the unit or home, so they are not entitled to the same legal options as homeowners. If you have a house guest and would like them to leave, you must establish whether the guest is a roommate or truly a guest. Unfortunately, the guest can delay any legal action by fabricating a story about an oral rental agreement between you, the renter, and the guest.

To have the house guest removed via legal proceedings, the renter must establish that he or she has control over the unit and is responsible for maintaining the unit. The renter must also prove that he or she is the only person with a set of keys to the unit, that he or she is the only person paying the rent, and that he or she has been living in the unit from the beginning of the lease up to the date of the complaint. Unfortunately, there is a catch. If the house guest has been living in the unit for more than 30 days, the courts might consider him or her a tenant. In this case, you may only terminate tenancy by formal written notice, regardless of whether the individual’s name is on the lease. If the house guest (who is now considered a tenant) does not vacate within the notice period, you will have to begin formal eviction proceedings.

For unwanted house guests that have been living in the rental unit or home for less than 30 days, the laws are disturbingly sparse. Although the law might not recognize the individual as a tenant, any physical attempt to remove the individual could result in a lawsuit. For example, if you place the individual’s property on the lawn or street and change the locks, the individual might attempt to sue for unlawful eviction by claiming that he had a verbal agreement with you. The individual may also attempt to sue for any perceived damages to his or her property. In cases such as this, the best way to protect yourself would be to serve a formal written notice of termination of tenancy. If you feel that written notice will not be enough to get rid of the house guest, do not wait until the last minute to begin the eviction process. Be prepared to file eviction papers as soon as the notice period ends.

Tags: Eviction Information, Landlord Information

Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

Posted: Jun 22, 2019
By: NatEvict
Comments: Comments Off on Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

With a flurry of signatures Friday, Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system.

Here’s what you need to know:

From July 1, Florida Supreme Court justices with permanent homes outside Leon County will be able to request a district court of appeal courthouse, county courthouse or other facility as their official headquarters, under House Bill 5011. They’ll also be eligible for an allowance and travel reimbursement for each day or half day they’re at the Supreme Court building, at a rate decided by the chief justice.

The bill adds that a county doesn’t have to provide space in courthouses for a justice, but it can enter into an agreement with the Supreme Court over the use of its space — which can’t be leased using state funds.

After Oct. 1, 2019, SB 910 will open certain military veterans and court programs up to veterans who’ve been discharged for any reason, along with current and former U.S. Department of Defense contractors and military members of a foreign allied country.

Anyone who seeks medical attention for a minor after giving them alcohol or drugs will not be arrested, charged, prosecuted or penalized as long as they stay at the scene and cooperate with police and medical staff, according to CS/HB/595, which goes into effect Jul. 1.

Legal requirements for Florida businesses will shift in January 2020, under CS/HB 1009, which tacks on extra rules to ensure companies adhere to the Florida Business Corporation Act and Revised Limited Liability Company Act.

Thanks to CS/HB 49, state correctional facilities will give female prisoners health care products after July 1. These include feminine hygiene products, moisturizers, toothpaste, toothbrushes and others under the Dignity for Women Act. The new law also mandates that, unless there’s an emergency, male correctional staff can’t do pat-down or body cavity searches on female prisoners and can’t enter places where women are likely to be undressed, like bathrooms and showers. If they do, it will need to be documented.

Security background investigations will become mandatory for foreign-language court interpreters and mediators after July 1, according to CS/HB 7081, which means they’ll have to pay to have their fingerprints taken and sent to the Florida Department of Law Enforcement.

The law also authorizes digital fingerprints and other electronic records of criminal judgments, and creates an exception to the rule that all communications between parties going through parenting coordination — a non-adversarial dispute resolution process in child custody cases — remain confidential. Any testimony or evidence that can be used to report, prove or disprove professional malpractice or misconduct will no longer stay confidential, and anyone appointed or employed by the Supreme Court to work on disciplinary proceedings against parenting coordinators won’t be liable for civil damages unless they act maliciously or in bad faith. Instead, the court will establish minimum standards and procedures to train parenting coordinators.

Notarized documents will go online with the passage of CS/HB 409, which also outlines new rules for password protection and tamper-evident technologies that the Department of State must adhere to by Jan. 1, 2020.

Effective immediately, CS/HB 1656 dictates that reenactments or changes to criminal statutes will operate ”prospectively” — meaning they won’t apply to final judgments based on crimes and penalties from before the statute was enacted, except in particular circumstances.

Effective immediately, CS/HB 91 lessens the burden of serving defendants with a complaint, taking away the need for a process server agent to indicate all the initial pleadings a person is being served with. It also removes the need for them to complete an affidavit listing the time, manner and place of service.

The law also clarifies procedure for filing a motion to intervene in a foreclosure case. Whereas interventions had to be done within 30 days, legislators tightened the language to stress that only a motion to intervene needs to be filed in that time, not a court order as well.

Tags: Eviction Information, Florida Eviction Articles, Legal Articles, Process Service News

Leasing, Disputes and Evictions

Posted: Jun 13, 2019
By: NatEvict
Comments: Comments Off on Leasing, Disputes and Evictions

Leasing, Disputes and Evictions

“Primary challenges faced by clients involve preparing, reviewing and revising the lease and legal relationships in the Landlord Tenant area of Law.”

https://NationalEvictions.com

Search our National Directories

Find Local Companies that are ready to help with Legal, Filing, Document Service and Tenant Screening.

Search the directories by State and County.

Disputes between landlords and tenants often arise over issues such as the length of the lease, the amount of rent to be paid, maintenance, repair and replacement obligations, size of the space to be provided, and what services are to be delivered. Challenges can also surface as a result of corollary issues such as renewal and purchase options, rights of first refusal and accommodations required by lenders. NationalEvictions has the top attorneys with extensive experience in representing both landlords and tenants of Residential, Commercial and Industrial properties.

We understand that every situation is different—that some cases require more representation than others. We are prepared to assist property owners, property managers and landlords through the lease preparation process by carefully explaining the terms of each lease, as well as issues they may not anticipate, such as landlord or tenant bankruptcy and many other legal issues.

Weather you are a Landlord or Tenant, on NationalEvictions.com you can find information for Evictions in your State.

Including Laws, The Eviction Process, Filing an Eviction, Defending an Eviction and Official Court Forms for the State the property is located in.

If you are considering seeking advice from counsel, here is what we suggest you keep in mind:

Consult with legal counsel during the lease preparation process.
Seek legal counsel with the necessary expertise representing both landlords and tenants in real estate development.
Anticipate all of the potential issues that can surface outside the scope of your original plans or expectations.

GET YOUR BUSINESS LISTED Today!

Law Firms, Process Servers, Court Services, Filing companies, document Preperation, Notaries Sign up and get listed on our Directory.

Tags: Eviction Information, Legal Articles, Tenant Information

NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.