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State-Specific Resources for Landlords, help to and handle the situation of Rent relating to COVID-19

State-Specific Resources for Landlords, help to and handle the situation of Rent relating to COVID-19

  • Posted: May 07, 2020
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How should Landlords as rental housing providers respond to and handle the situation of Rent relating to COVID-19

On March 16, 2020, The White House signed an Executive Order allowing local jurisdictions to enact eviction protections for renters that experience substantial financial hardships as a result of a tenant’s medical expenses, childcare, loss of wages, layoffs or reduction of hours relating to COVID-19 (Coronavirus). Following the order, cities have issued executive orders or have passed ordinances barring certain residential evictions.

 


State-Specific COVID-19 Resources

 

 


Here are a few ways to approach this delicate and challenging issue

1. Communicate With Renters:

First, communicate with your renter. Empathize with them and let he or she know how you feel about these unprecedented circumstances. Explain that all of us are in the same situation and because you want to ensure you can continue to provide them with a safe, well-maintained home, that would be impossible without receiving the rent you depend on to maintain the building and to support your own family.

2. Empathize:

Now, the remainder of the steps here are more concrete, but I want to make sure we address this. Tenants are people, and they are going through a remarkably scary time, as well. Perhaps it’s even worse than you’re going through, because you’re probably more financially educated than many of your tenants. So before anything else, listen to your tenant. Talk with them. Empathize with them. We’re all in this together, so let’s remember to be human and keep people before profit in our discussions.

3. Explain That Rent Is Still Due:

For as long as there have been tenants and landlords and bills to be paid, there is a super interesting piece of human behavior at play: People will pay the bills that give them the greatest consequence of not paying. In other words, most people financially struggling can pay most of their bills—but not always all of them.

This is why late fees are so vital in normal landlording. When the choice between paying rent and buying a flat-screen TV are presented to a tenant, the late fee and threat of eviction tips the scale toward using that money to pay rent.

But we’re not really dealing with flat-screen TVs today, are we? Regardless, the principle still applies. It’s likely your tenant is going to have to make some serious decisions on which bills are being paid. This is why after talking with the tenant and sympathizing with them, I believe it’s still important to let them know that the rent is still due.

As I’m sure you’ve heard, evictions are being suspended in most areas of the U.S. right now. The ability to issue a late fee might also be banned soon. Your tenant very well might assume that this means the need to pay rent is being suspended, and it’s your job to inform them otherwise.

Even if you can’t evict right now, it doesn’t mean they still don’t owe the rent, and it doesn’t mean you won’t evict when the courts open back up. You don’t need to be a jerk about it, but letting them know that you have a mortgage and other bills to pay is going to be important.

4. Give Your Tenant Options:

Once you’ve explained that the rent is still due, now it’s time to help the tenant navigate this difficult time. We plan to do this by giving them their options, as they may be unaware of the different ways they could come up with the rent.

First, we plan to keep an eye on programs that the government is designing to help tenants. This is a rapidly changing time, so we’ll keep current on assistance programs. Right now, there is a very real possibility that the government is going to issue cash payments to every adult American, which could help. But even if they don’t, there may likely be local, state, or federal programs that could.

Also, we are going to offer other suggestions, as well. For example, could they borrow the money from a relative? Or could the rent be paid via credit card?

In fact, to help where we can, we plan to offer to pay the fee associated with using a credit card. Now would be a good time to get set up with a rent collection system that has the ability to get paid via credit card.

5. Rent Deferral Plan:

Now, Its like some loans, banks can take one or two payments and move this to the back of the loans. Well these are not loans so…..

If I brought this up at the beginning for tenants, most everyone would jump at it. Remember, humans will naturally pay the most pressing bill, so I need them to know that rent is incredibly high on their priority list.

So, step five is our “worst-case” measure that will only be mentioned to tenants when they can’t or don’t pay their rent—not when they call and say they won’t be able to. We will still let the tenant know that rent is due on the 1st, give them the options I just mentioned, and even still issue a late-notice to the tenant if they miss rent.

If they really have exhausted their options and just can’t pay the rent?

 

Rent Deferral Plan

Having this documented plan in place shows the tenant that this is not us winging it—but we have a system in place to handle this crisis for everyone.

*First, there is a really important question we will ask each tenant: “How much CAN you pay toward your rent?”

Chances are, even if they can’t pay all their rent, they can probably pay some of their rent. Maybe their rent is $1,000 per month, and they can only pay $300. We’ll accept that $300 and move onto the deferral plan.

 

Rent Deferral Plan, allows the tenant to opt into a payment plan for their rent over the following 10 months. The deferral plan is an addendum to their lease that gives them the ability to take their rent and pay it in equal portions over the next 10 months (beginning the second month after enacting). It basically gives them an extra month before the increased payment begins.

For example, let’s say we’ve gone through all this, but the tenant simply cannot make the April 1st rent. They owe $1,000 in rent and because we asked what they can put toward it, they are able to pay $300. The remaining $700 becomes $70 per month and gets added to their rent beginning June 1st.

So, starting June 1st (not May 1st, and I’ll explain why in a second), they will pay $1,070 per month in rent until next March. Why not start the payment next month? Simply because I have a strong suspicion that this is not going to end that quickly and a one-month deferral may not be enough time to get back on their feet. This is why we’re going to wait an extra month before adding the extra amount. Furthermore, it is our company policy that during this time, a tenant will be allowed to use this twice. Of course, we won’t tell them this immediately, because we want to work through steps one through four first on the next month, as well. Rent has to remain a priority.

 

If after two months they are still unable to pay, the tenant may just need to be removed. This is completely uncharted territory we find ourselves in today, so I’m not going to lie to you and tell you I know exactly what we’ll do then. But the government can’t forever stop evictions and stop making people pay rent while continuing to force mortgage payments and foreclosures—or nearly every single landlord in the country will eventually go bankrupt.

If this social distancing, job loss, and potential economic meltdown continues, we’ll make new rules as it happens. My guess is that the government will offer more and more programs to attempt to help, because remember—you and I are not in this alone. Everyone is trying to figure this out. And we will. Humans have an incredible ability to figure stuff out when the night is darkest. We will get through this. We will survive. We will emerge stronger.

I hope this sheds some light on what I’ll be doing in my personal rental portfolio to handle potential rent issues in the near future. Maybe you’ll be doing something different—and that’s great. I encourage you to share your thoughts below and let us know what your plan is. And perhaps together, we can help the world move forward financially.

We are offering landlords an Agreement Form and Lease addendum package to help with this Rent Deferral Plan

Download the Forms for Covid-19 Agreements with Tenant Today!


Private and/or Non-Profit COVID-19 Resources

 


 

NationalEvictions.com is here for Landlords, Property Owners and Property Management Professionals.  We can prepare notices to be sent to Tenants, Have them Served to your Tenants,  If and when the Notices expire have all the court forms ready to file with the courts for Landlords. 

Find out more about your rights and our services on our website: https://NationalEvictions.com

 

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H. Battle & Associates  Certified Process Server and Mobile Notary

H. Battle & Associates Certified Process Server and Mobile Notary

  • Posted: Apr 23, 2020
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H. Battle & Associates
(727) 642-6473
Certified Process Server and Mobile Notary

View our Company Page

CPS#207414- 20TH JUDICIAL CIRCUIT
PROCESS SERVICE

  • Serving Summons, Alias Summons & Pluries Summons
  • Serving Complaints, Petitions, Motions, Notices, Interrogatories, Orders
  • Serving Mortgage Foreclosure Complaint and Lis Pendens
  • Serving Subpoena for Deposition, Subpoena for Hearing, Subpoena for Trial, Subpoena Duces Tecum
  • Serving Writ of Garnishment, Writ of Replevin
  • Serving Eviction Summons, Residential and Commercial

 

Harry Battle
PO Box 380056
Murdock, FL 33938
nsa-battle@comcast.net
Phone: (727) 642-6473
Fax: (941) 876-3326

 

Over 45 years of law enforcement experience and 20 years as a certified process server. I have the experience and expertise to offer you excellent service. I have the ability to serve those that don’t want to be served and in areas that many refuse to go.

VIETNAM VETERAN WHO WILL GET THE JOB DONE RIGHT THE FIRST TIME

 

 

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Listed Members on our Directory We are updating Listings you may get an Email stating your listing was updated….Not to worry.

Listed Members on our Directory We are updating Listings you may get an Email stating your listing was updated….Not to worry.

  • Posted: Mar 01, 2020
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Listed Members on our Directory We are updating Listings you may get an Email stating your listing was updated….Not to worry.

We have many people searching the directory looking for companies, We know a large percent of these clients are using their phones to do so.

Our IT Dept is setting your phone numbers to become clickable! 

This way if any clients using phones they can click on your Top Phone Number and it will auto dial you!

 

Thank You

NationalEvictions.com

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New California Unlawful Detainer Eviction Rules Effective September 1, 2019

New California Unlawful Detainer Eviction Rules Effective September 1, 2019

  • Posted: Jan 18, 2020
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New California Unlawful Detainer Eviction Rules Effective September 1, 2019

by, Direct Legal Support / Read the Original Article

Direct Legal are our Featured Industry Experts for California Legal Support / We value Mr. Kern and his team –  “Our team of professionals provides our clients with superior expertise in the areas of Service of Process, Court filing, Skip tracing and On-site document reproduction. Dave Kern, the founder of Direct Legal Support, Inc., maintained a basic and extremely successful philosophy of not being the biggest, but being the best attorney service in California. Michael Kern, son and CEO of Direct Legal Support was brought on in 1987, and has had his hand in every aspect of litigation support service ever since” He Say’s.

They are listed on our:  Directory of Legal Professionals:  Working in the State of California – If you need Legal Support Contact them today.

 

New California law amends Sections 1161 and 1167 of the Code of Civil Procedure, relating to real property.

AB 2343, Chiu. Real property: possession: unlawful detainer.

(1) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first give the tenant a 3-day notice to cure the violation or vacate.

This bill would change the notice period to exclude judicial holidays, including Saturday and Sunday.

(2) Under existing law, a plaintiff that wishes to bring an action to obtain possession of real property must file a complaint and serve the defendant with a notice of summons, in which case the defendant has 5 days to respond.

This bill would clarify that the period in which a defendant may respond to a notice of summons does not include judicial holidays, including Saturday and Sunday.

(3) This bill would provide that these provisions would become operative on September 1, 2019.

California Judicial Counsel has adopted a new revised Unlawful Detainer Summons (SUM-130) for mandatory use effect September 1, 2019. The summons reflects the change in the law advising the defendant(s) that they have “5 DAYS, not counting Saturdays and Sundays and other judicial holidays after the summons and legal papers are served” to file a response to the lawsuit. The law applies to 3-Day Notices to pay Rent of Quit and Notice to Quit as well in regards to Saturdays, Sundays and Judicial Holidays are also not counted, when the tenant must cure the defect stated in the notice, i.e. pay the rent, vacate the premises, remove animals, etc.

You can find the new form here: California Unlawful Detainer Eviction Summons (Revised September 1, 2019)

As always, if you have any questions or concerns, please contact a member of our Direct Legal Support team.

Direct Legal Support, Inc.
Call: (800) 675-5376
Email: support@directlegal.com
Visit: www.directlegal.com

 

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Florida Passes Remote Online Notarization and Electronic Will Bills Together

Florida Passes Remote Online Notarization and Electronic Will Bills Together

  • Posted: Jan 03, 2020
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Florida Passes Remote Online Notarization and Electronic Will Bills Together

New Paragraph has to be added to Notary Documents in Florida, Find the link and read pages 14-15 Add them to your documents!

See the Changes on Page 14-15 of the new Law

In addition to the creation of the remote notarization requirements, changes to Florida Statutes Section 117.05 require revisions to the form of the notary block to be contained on instruments and affidavits, and this change in the form is mandatory (on all forms, not just forms that are electronically notarized). The relevant portion of the statutory acknowledgment of a principal in their individual capacity should read as follows (the yellow-highlighted section is the new required language):

The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ …….

Similarly, for an instrument requiring an oath or affirmation, the relevant portion of the statutory certificate should read as follows (the yellow-highlighted section is the new required language):

Sworn to (or affirmed) and subscribed before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ ……

All other portions of the notarization block remain in effect. The failure to include this language commencing on January 1 may result in the document being rejected for purposes of recording. The important date is the date the document is signed. If a document is signed before January 1, then the “old form” is fine, even if the document is recorded after January 1. That being said, if the document is signed on January 1, then it should be on the new form to avoid any potential recording issues.


Over the past few years, we’ve watched families, businesses, and communities rally around providing access to technology for life’s most important moments. Some of these efforts take time, but on the other side of these coalitions, lies impact-full solutions that will benefit generations to come.
 
bill (House Bill 409), but also included an E-Will bill as part of its legislation. Governor Ron DeSantis added his signature HB 409, bringing the efficiencies of remote online notarization to the half a million notaries that call the Sunshine State home. The bill will take effect January 1, 2020.
 
For the over 20 million residents of Florida, and nearly 500,000 notaries, anyone can now buy or sell real estate, sign and notarize documents, or set up Wills to protect their loved ones — entirely online.
 
“Remote online notarization provides the single biggest opportunity of our careers,” said James Schlimmer, Managing Partner at Cottrell Title & Escrow. “It gives millions of real estate professionals the ability to differentiate themselves and provide a convenient, on-demand closing experience for buyers and sellers that just makes sense.”
 
House Bill 409 will also allow remote notaries to execute fully electronic wills, in a state where more than half the population is over 40. One survey found that 40% of Baby Boomers (ages 53-71) do not have a will.
 
“It’s a win for the entire state of Florida,” said Cody Barbo, Co-Founder and CEO of Trust & Will. “When a top-five populated state passes something this innovative, it changes the entire industry. Our mission is to help everyone leave a lasting legacy, no matter if you’re a parent, a Baby Boomer, or someone who wants to have peace of mind for how their loved ones will be taken care of. Florida is taking that step to help us realize that vision nationwide.”
 
Florida is the 11th new state to adopt RON legislation in 2019, and 21st overall.
 
NationalEvictions.com

See the Changes on Page 14-15 of the new Law

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