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

Here are the 10 things every rental property manager should know.

Here are the 10 things every rental property manager should know.

  • Posted: Apr 20, 2022
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1) Technology Is the Key to Success

If you aren’t using rental property manager software, you probably won’t make it far in the US rental market 2020. Honestly, the use of technology in a property management company is no longer a luxury but is now a necessity. Today, there are tools and digital real estate resources that rental property managers can use to their advantage. You can find a less time-consuming and more efficient way for almost every aspect of the job.

I’ll let you in on something the most successful property managers do. They’ve realized how big of a role technology plays in property management and now run all of their operations through one platform. As a rental property manager, there’s a lot of paperwork involved in the work you do. Whether it be from collecting rent payments, drafting leases, or paying maintenance fees, if you haven’t digitized this info, the paperwork will pile up and become difficult to manage. You can also set up some sort of portal on your website to make communication between you, the property owners, and the tenants run smoothly.

2) Property Management Marketing Is Evolving

As the industry changes every day, the way the business functions and the best practices involved change as well. One of the best developments we’ve seen is how to get more property management clients. A lot of residential property managers today have adapted their marketing strategies to attract more property owners to be potential clients. The latest strategies are- you guessed it- digital.

The process of finding and qualifying property management leads can be strenuous and time-consuming. But it’s a nonstop task of becoming a property manager. For your business to grow, your client base must grow. To do that, you need to have an attractive marketing strategy in place. A lot of managers today are generating traffic to their business through social media posts, blog pages, youtube videos, and more. An online presence has become vital for the success of rental property managers as this leads to a level of exposure you otherwise wouldn’t reach. After generating all this traffic to your business and website, you need a way to differentiate the customers from the serious real estate leads.

Our algorithm can instantly qualify leads and let you know which real estate investors and owners are ready to start a rental property business, expand, and hire a property manager. You can confidently match them with the best type of investment property, as you can compare Airbnb vs long-term rentals, and even find off-market properties with our platform.

3) The Importance of Delegating Authority to Your Team

Sometimes it reaches a point where you can no longer take on the responsibility of managing multiple rental properties. Good property management means putting together a reliable property management team. Most of the people you hire will have to take on some form of responsibility and be in charge of specific tasks. Bookkeeping, tenant screening, marketing, rental billing, and maintenance are all tasks you could be delegating to members of your team. Hire people with the same attitude and efficiency as you. This way you’ll be confident in their abilities to get the job done.

4) The Responsibilities of Being a Rental Property Manager

I just very quickly went over the fact that you should lighten your workload by delegating tasks to other members of your property management team, but are you sure you know all of the tasks involved in this profession? It’s important for every rental property manager to know what’s expected from him or her. If you’ve been in the game for a while now, you’ve probably got this on lockdown, but if you’re just starting out, let’s go over a refresher.

How to be a property manager? By following these main responsibilities:

  • Screening tenants
  • Setting rent and collecting rent
  • Scheduling regular property maintenance checks
  • Maintaining records
  • Supervising rental properties and other employees

You ultimately want to make sure that all of the rental properties you’re managing are positive cash flow properties.

5) A Lawyer Can Draft the Rental Lease Agreement

There are landlord-tenant laws set in every state, and usually, they lean to favor one side over the other. As a property manager, you’d want to aim for the landlord-friendly states, as these will ultimately make legal proceedings much easier for you. While every rental property manager should know the landlord-tenant laws applied in their state, hiring a lawyer to help with things like rental agreements is recommended. Hiring a legal professional to either put the rental agreement together for you or to just review the lease you prepared is the best way to protect yourself from any potential tenant fallouts.

6) Property Management Industry Trends Are Always Changing

This is a big-scale thing to remember. This is a fast-paced industry with new factors coming in and out of play constantly. Stay updated on the latest news in the business and what’s in demand, keep an eye out for the competition, and don’t stop working on yourself. If there are new amenities (like smart appliances) that are becoming the new standard, you need to take this into consideration. The services you offer should follow the new things viewed as necessary for a rental unit by tenants. For example, some tenants today won’t move into a rental unit that doesn’t offer electronic rent payment services. As a rental property manager looking to succeed, I recommend you stay updated on real estate market trends, maybe perform a real estate market analysis, and talk to your own clients and tenants to find out what they expect.

7) A Positive Attitude Goes a Long Way

 

You’ll be bound to face some issues as a rental property manager. But the important thing to remember is that this is a normal part of the job. There’s no such thing as perfect, and if you want to succeed in this business, you need to be prepared for any issues and face them with a positive attitude. If you let one wrong thing bring you down, it’ll really be a damper on the rest of your operations. You also want to reflect this attitude in your interactions with clients and tenants.

8) Update Your Rental Units

Regular maintenance checks will let you know which parts of your rental property are operating properly and which areas might have room for improvement. First off, the most important thing is to make sure all the rental properties you manage are up to the health and safety codes. Avoid falling into complacency by staying up to date on any changes to building trends and regulations for these income properties. You should also be able to spot any problems before they represent serious issues and budget changes. If there are any utilities or appliances which can be updated for higher tenant satisfaction, go for it.

9) Organization Makes Everything Easier

One of the most important property management skills is organizational skills. Having organizational and planning skills will really help you progress in your career. Start applying some more organized methods. Set up a well-defined process for routine tasks and a protocol for expected tenant concerns and complaints. Running operations smoothly is easy this way, and you’ll have an efficient and effective business strategy.

10) Networking with Other Rental Property Managers Helps

There are so many forums and associations you can join. They’ll help you get to know other professionals operating in the real estate market. Networking is a key part of being a successful rental property manager and furthering your career. You won’t just get your name out this way, but you’ll also learn and gain some advice from other property managers. A great place to start is LinkedIn. Form some relationships with other people in the industry and learn new ideas, marketing strategies, business practices, and more.

Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

  • Posted: Apr 09, 2022
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Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

 

These are questions you should be asking before you get in the middle of a dispute.

When you can’t resolve an Eviction on your own, there are laws that a Landlord or a Tenant must follow. Ultimately,  you’ll learn the best approach to complete an Eviction and protect yourself as Tenant. Understandably, the law is complex.  Therefore, we will help you understand the Process as well as the cause of disputes.

The Reality and Rationale Behind the Eviction Process

Eviction is the process that Landlords must go through to remove a Tenant that violate the Lease. This can be a tense situation. When tempers flare, communications become a challenge as each party feels that they have been wronged.  Ideally, the process is easier when there is a written lease agreement. But occasionally, Evictions do happen when no lease is present. Furthermore, in some instances, Landlords and renters work out a month to month agreement. In such a case, they hold the right to deliver a month to month Eviction notice. In the end, it is best to complete the process of evicting a tenant with the help of an Eviction Lawyer.

Different Types of Notices

Landlords can complete an Eviction without much difficulty if the Tenant agrees to vacate. In these instances, there is no need to hire an Eviction Lawyer.

The following are the different types of notices you can send under the Florida Eviction laws when you have cause to evict a renter.

3 Day Eviction Notice

Sometimes Tenants do not pay their rent. As a result, the Landlord can send a 3 day Florida Eviction notice instructing them to pay or leave within 3 days. If they choose not to pay and leave within 3 days, you can file an Eviction. Weekends and holidays are not included in the 3 days.

7-Day Eviction Notice 

This notice is applicable when Tenants violate a section of the lease that can be corrected. It requests a correction of the noncompliance to the agreement within 7 days or the lease is terminated. If you do not receive a response, you can file an Eviction with the help of an Lawyer.

On the other hand, there are violations committed by a Tenant that cannot be corrected.  83.56 defines a violation of this type as Destruction, damage, or misuse of the Landlord’s or other Tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.  If their actions are found to be in violation of this Statute, a Landlord can serve them a 7 Day Notice of Termination.  Unlike a Notice to Cure, they must vacate the property within 7 Days.  Failure to leave allows a Landlord to file an Eviction.

How to Evict Someone in Florida Without a Lease?

Evicting a Tenant without a lease is much easier than Evicting them with a lease.

  • 15 day notice: This is only effective in a month to month agreement. You can send it which alerts your Tenant that their agreement is ending. It must be sent 15 days before rent is due. For example, if you want your Tenant to vacate the premises by March 1, you must send it by February 15.
  • Fixed lease agreements (6 months – 1-year lease):A Landlord may only terminate such an agreement without cause after it has come to an end. In such a case, you are not required to give notice unless the rental agreement explicitly states so.

Different Causes of Eviction in Florida

Multiple reasons can motivate a Landlord to initiate the Eviction process.

Causes of Eviction in FloridaHowever, since Tenants are protected by the law, they are not allowed to evict them without adherence to due process. Common reasons for Eviction include:

  • Non-payment of rent
  • Lease violation
  • Property damage
  • Illegal activities
  • Expiration of lease

Let’s take a look at each of these.

Non-payment of Rent

Ideally, every Landlord expects their Tenant to pay on time. Unfortunately, some don’t honor their end of the bargain.  Before you allow anyone to occupy your rental property, it is vital that they agree to the terms of the rental agreement.

Some agreements include penalties and periods a Tenant may occupy the unit/dwelling before they can be evicted, even if they have not upheld their commitments. However, once this period is over, if they still don’t comply, you will have no choice but to send a notice. If your Tenant neglects to meet the terms of the notice, you can file an Eviction.

Lease Violation

Another reason that a Landlord can evict a Tenant is if they violate non-monetary terms of the lease. In this situation, you may send a notice to remedy the issues; however, if your Tenant does not respond,you can begin the Eviction process.

Some of the common lease violations that are considered as a legal reason to evict a tenant are:

  • Unauthorized pets
  • Unapproved guests or occupants
  • Illegal subletting
  • Wrong use of property such as turning residential property to a commercial one
  • Too many disturbances.

Rental Property Damage

You can initiate the Process if the Tenant causes property damage. Extensive damage indicates extreme circumstances that go beyond regular wear and tear, such as scratches or chips in the paint.

For example, a large hole in the wall or floor are beyond regular wear and tear. To remedy this situation,you can ask your Tenant to fix the problem at their own cost, or if the parties cannot come to an agreement to fix the damage, you can evict the tenant. You must send a Florida Eviction notice, even under these circumstances.

Involvement in Illegal Activities

A Landlord can evict a renter if they are involved in criminal activities such as drug-related crimes. In these instances, you should also alert law enforcement and local councils to the illegal activities.

Crime is a serious offense that warrants invoking Florida Eviction laws. However,it is worth noting that the Florida Eviction process timelines do change if there is a crime involved.

Expiration of Lease Agreement

When lease agreement terms expire,you have the right to evict a renter without any cause. If they refuse to move out after the lease has expired, you can file a lawsuit against them with the help of an Eviction lawyer.

Different Ways to Prevent an Eviction

The best-case scenario in a dispute is to agree before filing any lawsuits. So far, we’ve shown you what rights a landlord has according to the law. Now, let’s take a look at some of the ways Tenants can prevent or delay an Eviction.

  1. Negotiate with the Landlord
  2. Comply with the Notice
  3. Attend the court proceedings

Additionally, some situations fall under Constructive Eviction laws.

Negotiate with the Landlord

As a Tenant, negotiating is the best way to settle a dispute and avoid going to court. When you receive a notice, you should talk with them to see if you can come to an agreement.

A lawsuit costs money, both for you and the Landlord. The best-case scenario is that they agree to stop the Eviction if you agree to certain terms. For example, they may decide to halt the eviction if you agree to pay the rent or remedy your violation of the lease agreement.

Additionally, if the dispute is over non-payment of rent, you may be able to renegotiate your terms to be allowed to pay on a later date. If you come to an agreement with your landlord, you should document the terms of your agreement, and both parties should sign the document for protection.

Comply with the Eviction Notice

In some instances, there is no reason to engage your Landlord.

Not all types of eviction in Legal Florida need defense. At times, the best way out for a tenant is to comply with the eviction notice

For example, if the reason is for non-payment and you can pay the past amount, you should do so. Another example is if you receive a remediable notice. In this case, simply follow the instructions, if possible.

According to the Eviction statutes, a Landlord of a rental property is not allowed to proceed with an eviction if you satisfy their demands. However, if you are unable to comply on time, you can request an extension to the timeline. For example: if the notice states that you must pay in 3 days, you can talk to the Landlord to extend to a period you are comfortable with.

Again, when you agree to any new terms, you should document everything in writing.

Attend Court Proceedings

When a Landlord and Tenant cannot agree upon a solution, or when the Tenant does not or cannot comply with the notice, the last resort of a landlord is filing a lawsuit. Upon the filing of a lawsuit, you will receive the necessary paperwork and be required to respond to the Landlord’s complaint against you.

Constructive Eviction in Florida

This refers to unlawful actions by the Landlord.   This includes terminating utility services that are provided to the Tenant during the lease.  Florida Statute lists these services as water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration.  In addition, they are not allowed to prevent them from entering the property by changing the locks.

How to Fight an Eviction in Florida

As a Tenant, the Law does provide you protection. When you feel that you are being wrongfully evicted, you can file defenses  for one or more of the following:

  • Improper notice: They must contain specific elements. For starters, it must be in writing. Secondly, it must meet all the requirements following State Law. For example, a grace period of 3 days, not including legal holidays or weekends. Furthermore, the following can void a notice:
    1. It displays the wrong amount due
    2. The late fee amount indicated is different from the actual figure
  • When a Landlord does not keep up the rental property: The Laws provide rules and regulations that must be followed regarding the upkeep of the property. Therefore, if they do not comply, you can cite this defense as a reason for your refusal to pay rent. However,  you must give them notice 7 days before noncompliance. If the Judge rules in your favor, you may receive a reduced rent amount. Moreover, you must also comply with the Laws that require a deposit of the rent due to the court registry.
  • Prohibited and unlawful practices: These defenses come with the caveat that you must act in good faith before raising such a defense.

FAQs Regarding the Eviction Process in Florida

How Long is the Eviction Process in Florida?

An Eviction can take between 3 to 4 weeks, depending on different factors. These factors include:
1.    If it’s for Non-Payment or Non-Monetary Violations of the Lease

  1.   Tenant deposits rent into the Court Registry

  2.   Mediation is Ordered

4.  If a Rent is deposited into the Court Registry

5.  Notices contained the correct information

How Late Can Rent be Before Eviction is Feasible?

If a Tenant does not pay their rent on time, they are given a three-day notice. If they do not pay, the Landlord can file an Eviction. The Tenant will be compelled to clear the rent due unless their defense can justify non-payment.

Is Eviction a Public Record in Florida?

As stated above, Evictions are categorized as civil matters guided by the rules and regulations prescribed by the legislature. Therefore, just like other civil matters, Eviction proceedings are public record.

Can You Evict Under New Ownership?

Yes.  However, the new Owner must honor the existing lease.  Therefore, when purchasing a property, it is important that they are aware that a Tenant already resides in the property.

What Do You Do if You are Served a 3-day Notice and Can’t Pay?

In this instance, you can ask for an extension from the Landlord, move out, or risk a lawsuit.

Will Filing Bankruptcy Stop an Eviction?

The Filing of Bankruptcy will only stop an Eviction if a Final Judgment of Eviction has not been entered.

If you want a family member to leave your home

If you want a family member to leave your home

  • Posted: Feb 05, 2022
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If you want a family member to leave your home, you must follow an eviction process similar to the one for a formal tenant.

 

In most states, you can evict any family member over the age of 18. Regulations regarding eviction vary, so make sure you follow the specific procedure for your location.

 

Step 1

Gather documents relating to your home and the person you wish to evict. These may include documentation proving you own the home, copies of any rent checks the family member has paid you, and a blank eviction notice form.

Step 2

Give written notice to the family member, informing him or her that you wish them to leave. Legally, you must give this written notice with sufficient time for a response.  A 30-day notice period is common. Regulations vary, though, so follow the requirements for the state and city where you live.

Step 3

Wait out the notice period. If your family member does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings.

Step 4

Fill out the eviction notice form. Include all required information, such as the person’s name, the address of your home, and a reason for the eviction. The reason can be as simple as failure to pay rent, or a failure to meet expectations of living at the home. Keep any personal attacks out of your eviction documentation, and be clear and concise.

Step 5

Make two copies of the eviction notice you have filled in. Ask the family member you wish to evict to sign and date both copies. Give one copy to the family member and keep the other copy for yourself.

Step 6

File for a court hearing if the family member refuses to leave the home after being served with an eviction notice. Again, there may be a minimum waiting period before you can go to court. At the hearing, the judge can issue an order of eviction. This will enable you to call for assistance from law enforcement if it’s necessary to remove your family member from the home.

Find and learn the process of an eviction in the State your property is located in.

Each State has different things to do in an eviction, This is called the process of an eviction. Most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.

Find the Eviction Process in the State you live in!

Landlord Help: Filing Evictions

The Process for an Eviction has different steps; Let us help you with filing Evictions in your State.

Tenants Help, Defending Evictions

Tenants have rights learn how to answer the eviction, along with the laws that protect you in your State.

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What is a Retaliatory Eviction

What is a Retaliatory Eviction

  • Posted: Feb 05, 2022
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What is a Retaliatory Eviction

What Is a Retaliatory Eviction?

A retaliatory eviction occurs when a landlord attempts or succeeds at removing a renter, or refuses to renew a lease in response to a complaint or action that is within a tenant’s legal rights.

Retaliatory evictions are generally illegal, as they take place following a tenant’s exercise of one or more legal rights. Evictions are typically governed by state law.

KEY TAKEAWAYS

  • Retaliatory eviction is when a landlord removes or fails to renew a lease agreement in order to get back at a tenant for some activity that falls outside the lease or legal purview.
  • Retaliatory evictions are generally illegal, as they take place even when a tenant is acting within their legal rights.
  • As an example, a retaliatory eviction might occur because a tenant complains about potential health or building code violations or withholds rent as leverage for necessary repairs the landlord refuses to make

 

Understanding Retaliatory Evictions

Landlords can legally evict tenants for failure to pay rent or for some other action that breaches a rental contract or lease agreement. In a retaliatory eviction, landlords take action when tenants act within their rights. Legal tenant actions that can spur a retaliatory eviction include complaining about potential health or building code violations, withholding rent as leverage for necessary repairs the landlord refuses to make, or organizing tenants in resistance to poor rental conditions.

Tenants who experience a retaliatory eviction can run into difficulty proving their case in court, however. In some cases landlords will present the court with an entirely different rationale for the eviction, forcing the tenant to lay out the connection between their activities and the landlord’s decision. Retaliatory evictions that take place within a reasonably short time after the precipitating event are generally easier to prove in court than evictions that take place long after the tenant upset the landlord.

It’s easier for a tenant to prove a retaliatory eviction when it takes place in close proximity to the behavior that upset the landlord.

 

Legal Reasons for Eviction

Landlords and tenants have legal rights under their state and local laws, as well as rights enumerated in their rental or lease agreement. Both groups should be familiar with those rights. Most states allow landlords to evict disruptive tenants when they engage in illegal activities, such as selling drugs out of an apartment, or when they repeatedly disturb neighbors with loud parties, arguments, or fights.

States generally consider illegal other retaliatory activities that are undertaken in an attempt to get tenants to break their lease. Landlords, for example, usually cannot legally harass tenants, cause a deterioration in their living conditions, or raise rents in an attempt to make tenants uncomfortable enough to break the lease themselves. When tenants refuse to obey an eviction notice, courts often must navigate a gray area to figure out whether the landlord’s activities fall under the retaliatory category or whether the eviction lies within the landlord’s legal rights.

Example of a Retaliatory Eviction

Let’s say a tenant who rents an apartment in a highly desirable neighborhood files a complaint about a pest infestation or a persistent mold issue in their rental unit. The landlord may believe it will be easier and cheaper to evict the tenant and put the apartment up for rent, hoping that a new tenant will either live with the issue or solve it on their own. If the tenant can prove the eviction stemmed from their complaint, a court would likely consider the eviction retaliatory. This would place the landlord in legal jeopardy.

 

Implied Warranty of habitability. This means that a landlord has a responsibility to keep the rental in a fit and habitable condition.

Implied Warranty of habitability. This means that a landlord has a responsibility to keep the rental in a fit and habitable condition.

  • Posted: Jul 09, 2021
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Landlord-tenant law also places specific maintenance obligations on every landlord. These responsibilities include:

 

Implied Warranty of Habitability – a general requirement that all vital services must be functioning and in good repair and that the rental property must be clean and safe.

  • Following Building Codes: Every landlord has a responsibility to keep their property up to local and state building and safety codes. This includes:
    1. General Building Safety: The physical structure of the building must be safe for tenants to live in. The roof and foundation must be structurally sound. Entrances and exits must be easily accessible. Windows and doors must have proper waterproofing and proper locks. Floors must be structurally sound and free from tripping hazards. All staircases must have the appropriate handrails.
    2. Plumbing Inspections: Plumbing must be up to code.
    3. Electrical Inspections: All electrical work in the property must be up to code.
    4. Fire Inspections: Rental properties must have the proper number of smoke and carbon monoxide detectors and they must be in good, working order. Some towns will require these detectors to be hard-wired, while others allow battery operated detectors. The property must not exceed a certain number of occupants, stairways and common areas must have proper lighting and fire retardant paint must be used in certain areas, such as stairways.
    • Performing Repairs: Landlords are responsible for completing repairs in their property to keep the property in habitable condition. These repairs need to be reasonable. For example, if a tenant does not have a working stove, the landlord can hire a repairman to fix the current stove. The landlord does not have to purchase a brand new stove for the tenant if the current stove is able to be repaired to a working condition.
    • Common Areas: Landlords must keep all common areas of the building clean and safe.
    • Maintaining Vital Services: Landlords are responsible for keeping all vital services in the rental property functioning. This includes heat, hot water, electricity, gas, and central air conditioning, if applicable. If the tenant is responsible for paying utilities, the tenant must keep current on their bill to make sure their heat, electricity or gas remains on.
    • Providing Garbage Bins: Landlords must provide garbage cans where the tenants can dispose of their trash. These must be an appropriate number or size for the rental property.
  • Supplying Running Water: Tenants must have access to running water. Burst pipes or blockages must be fixed immediately.

How Long Does a Landlord Have to Complete a Repair

For repairs that violate the warranty of habitability or pose immediate health or safety risks to the tenants, landlords will have a reasonable amount of time, based on state law, to complete the repair once they have been notified of the issue. What is considered a reasonable amount of time will vary by state law and by the severity of the issue.

Many states will allow a landlord 30 days to fix a problem, while others will only allow three to seven days for serious issues, such as lack of heat or running water. If the repair is not completed within this time period, the landlord may owe the tenant damages, the tenant could be allowed to move out of the rental unit, the court could hire a third party to complete the repairs or the landlord could be fined.

Advance Notice for Entry

In order to enter a tenant’s apartment, landlords typically have to give notice. The amount of notice will vary by state but is typically between 24 and 48 hours’ before desired entry. This notice requirement is usually waived in emergency situations.

Right to Withhold Rent

Tenants in certain states, such as Connecticut, are allowed to withhold rent until a necessary repair is made. There are specific rules that must be followed such as serving the landlord with formal notice that the repair is necessary and then filing a complaint with the court. The tenant will then deposit the rent amount withheld with the court.1

The repair must violate the warranty of habitability, such as an extreme pest infestation or lack of heat in the winter. Based on state law, the landlord also has a certain amount of time to address the repair.

Check your state’s laws because not all states allow tenants to withhold rent until a repair is made.

Right to Repair and Deduct

Other states, such as California, allow a tenant to have the repair completed themselves and deduct the amount of the repair from their rent payment. The tenant must first notify the tenant of the needed repair either verbally or in writing. If the landlord does not respond and address the repair, the tenant can have the work done. The amount the tenant deducts for the repair cannot exceed one month’s rent.2

Damage Caused by Tenant

Landlords are not responsible for completing repairs that were caused by the fault or negligence of the tenant, member of the tenant’s household or guests of the tenant. These repairs are the monetary responsibility of the tenant.

 

 

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