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

What Is a Landlord Walk Through Checklist. How do i make one?

What Is a Landlord Walk Through Checklist. How do i make one?

  • Posted: Feb 06, 2020
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What Is a Landlord Walk Through Checklist?

A landlord walk through checklist is a guide that covers what to look for when surveying a rental unit. It should include information on the rental unit, questions and descriptions regarding the condition of each room and appliance, and lastly, leave space for additional comments. The right checklist can help even the most organized landlords and tenants streamline the walk through process and catch all of the details in a rental unit.

*Walk throughs are typically done before a tenant moves in and after they move out. In properties with leases longer than about six months, it is not uncommon to complete a walk through once or twice a year. This process ensures landlords are aware of any potential repairs, damage done to the unit, or lease violations on behalf of the tenant. While it is not necessary to frequently check on tenants, an annual or semi annual walk through helps landlords maintain the condition of their properties.

*We inform Landlords and Tenants to both do a walkthrough of the unit being rented, walk the entire rental use a checklist and mark off everything you see and take notes. We also suggest taking pictures of the before that will go along with the paper copy of the walkthrough form. Then both sign this form, make copies and now the Landlord has one for the rental file and the Tenant has one for later use!

NOTE: Upon move out these forms and key to condition – as such everything should be the same or better then when you moved in condition. This form will be used by both parties in any dispute over the Security Deposit.

 

 

What Should You Include on Your Landlord Walk Through Checklist?

The ideal walk through checklist for rental property owners and landlords should survey the entire unit, without leaving room for any guess work. A thorough checklist is crucial, particularly during move in and move out, because it allows you to note the existing property condition and any changes that have been made during tenancy. Further, a checklist may reveal the potential for upgrades or modifications that should be made to unit. That being said, here are a few items you should include in every walkthrough checklist:

  • Flooring: As you walk through the property, keep in mind the flooring in each room. Make sure there are no missing tiles, peeled up corners or broken floorboards in the unit. Each of these issues should be repaired right away to prevent further damage to the rental property.
  • Walls: Many property owners or landlords will repaint rental units between tenants; this not only fixes any scratches made by the last owner but it keeps units looking fresh and clean. Keep tabs on the status of walls before, during and after tenants occupy your property to make sure you know the right frequency to paint.
  • Smoke Detectors: No rental checklist for walk through is complete without checking the smoke and carbon monoxide detectors. Look for them placed throughout the unit, and test the alarms to ensure they are working.
  • Heating & Air Systems: This is the first thing you are likely to get a maintenance request for, if they aren’t in good condition that is. Review the heating and air units throughout the rental property and make sure they work as they should. Double check with a professional if you are unsure about anything.
  • Entry Way: Are there stairs leading up to the unit? What about a long path? Depending on the layout of your rental property, it could require certain safety features. Double check that all stairs have properly installed railings, and that all paths or outdoor areas are well lit when needed. This helps make sure your property is accessible to all tenants, and it’s a good chance to double check the curb appeal as well.
  • Kitchen Appliances: Always check the stove, oven, dishwasher, refrigerator and other appliances when doing a walkthrough. Make sure all appliances are working as they should, and be sure to check any vents and lights. It is crucial to catch and potential issues before they develop into more costly problems.
  • Doors & Locks: Some landlords will change out the locks between tenants, while others will only distribute “do not duplicate” keys to ensure they are given everything back. No matter which route you choose, double check all doors and locks with your tenants to see if everything is working as it should.
  • Light Fixtures: Turn all of the lights on and off as you walk through the unit to determine if each fixture is working as it should. While you may not be responsible for changing old bulbs while a tenant occupies the unit, it is a good touch to make sure each light is fresh when completing a move in walk through.

 

Landlord Walk Through Checklist:

It is a good idea to add a renter walk through checklist to your files, this way you have one available whenever you need it. By creating a system for the process, you can make sure property maintenance and tenant issues are handled efficiently and consistently.

Keep each completed checklist organized with the rest of your tenant paperwork, especially when it comes to move in walk through s. This will help you cross reference old notes, should any issues arise with the property.

If you are preparing for your next walk through, download our checklist today: You can copy the form below or download our form here

 

 

OTHER FORMS FOR LANDLORDS AND TENANTS CAN BE FOUND ON OUR LEGAL FORMS SECTION

 

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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

Do You Have to Pay Rent if Your Rental Home Needs Repairs?

  • Posted: Oct 27, 2019
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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

What are the rules about housing conditions that landlords must follow?

Your landlord must follow the building, housing, and health laws where you live. These laws are usually local (city or county) codes and ordinances (laws). Your landlord’s duties may be different depending on whether you live in an apartment or a standalone home.

 

In an apartment building, your landlord must:

*Make sure the building does not have rodents (like mice and rats) or bugs (like roaches, termites, or bedbugs).
*Provide garbage pickup.
*Provide plumbing, including hot water.
*Provide heat. (But not air conditioning unless required by your lease or the city or county laws where you live.)
*Keep areas around your building clean and safe.

In a single-family home or duplex, your landlord may:

Make you responsible for many of the duties above by saying that in your lease (in writing).
It is very important to read your lease before signing it and keep a copy of the signed lease with your important papers.

 

What happens when a landlord fails to obey housing codes?

If your landlord does not make needed repairs, give you things, or keep the place clean (as required by law), you can do something about it. However, under Florida law, you are not allowed to simply make repairs yourself and subtract the costs of those repairs from your rent payments.

You have two options depending on whether you want to stay or move out:

If you want to stay: You can stop paying your rent, called withholding, until your landlord makes at least a reasonable effort to solve the issue.
If you want to move out: You can move out before the end of your lease, canceling your lease without having to pay a penalty.

What must a tenant do next?

With both options, the first step is giving your landlord a letter, called a 7-day notice. The letter warns your landlord that you plan to stop your rent payments or move out early.

If you want to move: You must still wait the full 7 days after you give the letter to give your landlord a chance to fix the problem. If it is not fixed, you should move out immediately after the deadline and return the keys to your landlord.

If you want to stop paying rent: You must follow several specific steps. And you can only take these steps if you are not behind in your rent payments and the issues in your home are serious enough to be against the law.

Issues that are serious enough may include:

Necessary repairs (broken fridge, faulty plumbing)
Missing things (no heat, no garbage pickup)
Unacceptable conditions (bug or rodent problems, badly overgrown landscaping)
You should give the letter to your landlord 7 days before your next rent payment is due. You must deliver the letter in person, with another person there (a witness), or send it by certified mail. If you send the letter in the mail, you must mail it 12 days before your rent is due. Be sure to make and keep a copy of the letter before you give it to your landlord and keep proof, including the date, of delivery. You may need this proof if your landlord tries to later evict you for not paying your rent.

Your letter to your landlord must be in writing and include the following information:

A list of the issues that need to be fixed.
The deadline to fix the problem, which is 7 days after your landlord receives the notice.
Your plan if the issues are not fixed by the deadline. This is a statement of whether you are going to move out or refuse to pay rent after that date.
Should I stop paying rent or just move out?
You should think carefully before choosing to move out instead of just stopping your rent payments.

Your landlord may disagree about whether the issues in your letter are serious enough to be against the law. If your landlord disagrees and you move out, your landlord may then demand that you owe a penalty fee or still owe them rent until your lease ends.

Your landlord could sue you to try to recover this money. But landlords often choose not to go to court, and may instead report the supposed debt to the credit bureaus. This can harm your credit score, and credit reports are difficult to change and can harm your ability to rent a home and get a loan in the future.

What does a 7 day notice look like? Find these and all forms on https://NationalEvictions.com

You can download What Every Tenant Should Know About Withholding Rent or What Every Tenant Should Know About Withholding Rent (Spanish) to see a sample.

In the letter, you should make sure to list every problem that needs to be fixed and include copies of the local law, enforcement reports, and any other evidence you think might help prove your claims.

 

What is a housing code inspection?

Before you give your landlord the 7-day notice, you may want to have a housing code inspection.

A city or county inspector will look over, or “inspect,” your home. The inspector will then write a report listing any violations. You can ask the code enforcement office in your city (or county) to do the inspection for you for free. Your landlord may be angry about your decision to report these problems to an inspector and may try to evict you by filing a lawsuit. But the court can decide that the lawsuit is retaliatory and deny your landlord’s attempt.

You should keep a copy of your inspection report. It can be especially helpful if you have to go to court because it has been written by someone neutral (not you or your landlord). It is useful to include a copy of the report in your letter to your landlord. You should also keep photos, records, and other evidence of the issues in your home. Also keep notes or records of any contact (letters, emails, phone calls, meetings) you have with your landlord.

Remember, as long as you carefully follow the legal steps, you have the right to stop paying rent until the problem is fixed. But you must save the rent money you would owe. After your landlord corrects the issue, you must then pay the owed rent. Or if your landlord sues you, you cannot defend yourself in court until you deposit the money you owe with the court clerk’s office.

 

 

Are there different rules for a Section 8 Voucher?

Yes. If you rent your home with a Section 8 housing voucher, special rules apply to you.

Section 8 housing is where a local government agency (called a housing authority) pays part of your rent. You are not allowed to stop paying your rent or move out before your lease ends if you use a voucher and your landlord does not fix the problem.

With a Section 8 voucher, you should report any problems with the condition of your home in writing to your caseworker. You can ask your caseworker to do an audit inspection of your home. This audit is like a housing code inspection – a survey done by the city or county on request, but only for tenants not using vouchers. You should keep a copy of your request for the inspection. Also keep photographs, records, and other evidence of the issues.

 

What Should Be Done With My Rent Money?

No matter what, YOU MUST SAVE YOUR RENT MONEY.

You will need it to pay your landlord after the issues are mostly fixed. There is also a chance your landlord will not want to make repairs and may try to evict you for not paying your rent by filing a lawsuit. If so, you will have to give your rent money to the court clerk’s office before the judge will consider your response to the lawsuit or schedule a hearing where you can tell your side of the story.

If you follow the steps above and your landlord still tries to evict you, your papers will be your most important defense in court. Make sure to keep the copy of the 7-day notice you gave your landlord and proof of its delivery. The court will decide whether you or the landlord gets to keep the rent money. This decision will depend on the amount and type of issues in your home and what your landlord did to fix the problem.

 

What should I go if I get an eviction notice?

One of the first steps your landlord must take to throw you out is called an eviction notice. Your landlord must first warn you, by giving you one of the following in writing:

A letter demanding overdue rent (called a 3-day notice). This letter may say that you have broken your lease agreement in some other way.
Legal papers called the Complaint (the landlord’s request for your eviction) and the Summons (the court’s notice of the lawsuit).
If your landlord is trying to evict you, you must receive the right papers at each step. However, you have a limited time to respond (3-5 days). If your landlord has not fixed serious issues in your home and you received one of the letters above, you should immediately call your local Legal Services office. You should also do this if you disagree with your landlord (you did pay rent or didn’t violate your lease). Your local Legal Services office may be able to help you defend yourself or file papers in court. Do not wait to contact Legal Services for help.

The 5-day deadline to respond to an eviction lawsuit begins counting down when your landlord gives you the legal papers (called serving you). If you don’t answer in time, you will likely lose the case and be evicted. If you sent your landlord a 7-day notice, you should include a copy and proof that you delivered it to your landlord with the papers you give the court (called an Answer). You must also give your rent money to the court clerk’s office before the court will listen to your response or set up a hearing.

 

 

Where Do I File?

After you get an eviction notice, you must submit your responses to the court where the lawsuit was filed. Your landlord should have started the case in the county where you live. Any responses should go to the court clerk’s office, called the clerk of the court, which is usually inside the county courthouse.

You also have to mail a copy of your responses to your landlord or their lawyer. The Complaint and Summons should give you the name and address where you should send the copy (usually on the last page). This is the paperwork that your landlord sent you.

Make sure to keep a copy of any papers you receive and submit in a safe place. This includes any evidence like photos, reports, and official papers. This also includes records of conversations between you, your landlord, and the court like emails, letters, calls, and meetings. Once you give your answers and rent money to the court clerk’s office, the judge will inform you about the next steps (usually by mail). The court may need more information or it may schedule a hearing. You may also be able to check on your case online or at the courthouse itself.

 

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EVICTION DEFENSE BASED ON EVICTION TYPE

EVICTION DEFENSE BASED ON EVICTION TYPE

  • Posted: Aug 02, 2019
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EVICTION DEFENSE BASED ON EVICTION TYPE

Let’s take a step back and study types of evictions that would be claimed in the UD. For the most part, each type of eviction has distinct types of defenses to go with it. To understand which defense applies to a specific type of eviction, we must first look at the various types of eviction.

NationalEvictions: We help Landlords with Evictions!  On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction.  For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.

 

  • Eviction for Non-payment of Rent
    This is the most common reason for eviction. A tenant is unable to pay rent, and therefore the landlord starts an eviction for “non-payment of rent.” The applicable eviction notice a tenant receives with this type of eviction is a “3-Day Notice to Pay Rent or Quit”  But, what if the reason the tenant was unable to pay rent was a result of the landlord’s actions or in-actions? For example, what if a tenant was unable to pay rent because he had to pay an excessive water bill due to the landlord’s failure to maintain the plumbing at the property? In cases involving “non-payment of rent,” tenants may also “withhold” rent because of the landlord’s failure to make necessary repairs or maintenance.  Should a tenant be evicted for withholding rent? Well, if the tenant has approached this situation in the proper order, this may be an acceptable defense to eviction. We’ll talk about the numerous defenses to this type of eviction later.

 

  • Eviction for Termination of Tenancy (no-fault eviction)
    Just as a tenant who may terminate their tenancy with 30 days’ notice to the landlord, California law allows landlords to do the same for tenants who live in a property of one year or less.  For tenants living in a property more than a year, the landlord must give 60 days’ notice.  However, in some cities under local “rent control” or “eviction control” laws, landlords are prohibited from terminating tenancy this way. Evictions legally initiated under these laws do not require any reason or “cause.” The landlord can simply choose to “terminate” the tenancy. If a tenant is unable to comply with the termination notice, the landlord may pursue an eviction in court to regain possession of the property. Evictions initiated under this reason are the toughest to defend against because they do not require any reason or “cause.” The applicable eviction notice a tenant receives with this type of eviction is either a “30 Day Notice to Terminate Tenancy” or a “60 Day Notice to Terminate Tenancy.”

 

Finding companies in your State to help you We have Law Firms, Process Servers, Court Services and Document Preparation companies on our Directories

 

  • Eviction for Breach of Lease or Rental Agreement
    “Breach” means breaking or violating. Any time there is written rental agreement or lease, the “rules” of the tenancy are clearly stated. Typically, the written agreement outlines all the rules a tenant must follow. It is an instrument to protect the landlord and his property. Any “breach,” such as having pets when they are prohibited in the agreement, are a violation that can lead to eviction. But, what if the pet is a trained dog for a disabled tenant? We’ll talk about that later. However, any “breach” is cause for eviction. Usually, landlords notify tenants of breaches of the rental agreement, and give them an opportunity to correct or “cure” the breach. The minimum amount of time a landlord must give a tenant to “cure” a breach is three days.  If a tenant is unable to comply with the notice to cure the breach, a landlord may initiate an eviction.
    The applicable eviction notice a tenant receives with this type of eviction is either a “3 Day Notice to Cure Covenant or Quit” or a “3 Day Notice to Perform Covenant or Quit.” What about “oral” agreements? A tenancy may be created under an oral agreement, and nonpayment of rent can be enforced.  However, it is difficult for a landlord to prove there was a breach of oral agreement for most anything other than rent. This may also work against a tenant because the landlord can simply change terms later. If terms have been changed in writing, these would be legal even if the original rental agreement was oral.

 

  • Eviction after Foreclosure
    There are two types of eviction that fall under the “Eviction after Foreclosure” category. The first is when the owner of a property defaults on his mortgage and the bank forecloses. The home is then sold, and the new owner initiates eviction based on a “Three-Day Notice to Quit” under This type of 3-day notice is different from a three-day notice to pay rent-or-quit because there is no alternative except “quit.” The only way the previous home-owner can comply with the notice is to move-out within three days. The second type of eviction under this category is related to tenants of the foreclosed owner. Often, properties are leased to tenants by an owner who later defaults on his mortgage. The tenant may be paying rent on time, and is otherwise a “good tenant.” But, after the foreclosure, the new owner may initiate an eviction anyway. Under this type of eviction, tenants must be afforded the same process to terminate tenancy under law. If a tenant has a fixed-term lease, even with the previous foreclosed owner the property, that lease may continue.  However, under some circumstances, even with a lease, the tenancy may be terminated with a 90-day notice.

 

 

  • Eviction for Tenancy At Will
    A “Tenancy At Will” is basically a person who lives at a property for an indefinite period without ever paying rent.  ex of case law:(Covina Manor v. Hatch (1955) 133 CA2d Supp 790). Usually, a tenant-at-will is a relative who lives with another for free. For example, an adult child living with parents. This type of tenancy only requires a 30-day notice no matter how long the tenant has resided at the property.

There are other unusual types of eviction. But, for the purposes of this guide, we will focus on the most common as listed above. In the next section, we’ll look at some of the eviction defenses and how they apply to these evictions.

NationalEvictions: We help Landlords with Evictions!  On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction.  For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.

 

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

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

  • Posted: Jul 09, 2019
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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 funds. 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

 

 

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Leasing, Disputes and Evictions

Leasing, Disputes and Evictions

  • Posted: Jun 13, 2019
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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. 

 



 

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