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TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

  • Posted: Apr 25, 2020
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TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

While Landlords may run a smooth operation with their Rental Properties, issues still occur. These problems range from Tenants failing to pay rent to allowing unauthorized guests in the property.  Our office is dedicated to protecting the rights of Landlords.  In light of our experience, we have created the Top 5 Legal Tips for Broward Landlords.

1.     Respond Immediately when Receiving a 7 Day Notice to Cure 

Unfortunately for Landlords, some Tenants create problems.  While these problems may have been created by the Tenant, upon receiving a 7 Day Notice to Cure, a Landlord should contact the Tenant. Failing to make the necessary repairs allows the Tenant to withhold rent or terminate the lease.  In addition, if the Tenant withholds rent and the Landlord tries to evict them, the landlord can end up in serious trouble.  The Court may decide to dismiss the Eviction.  As a result, the Landlord will have to pay the Tenant’s Attorney Fees.

  1.   If the Tenant fails to pay rent, serve them a 3 Day Notice Immediately

The Landlord/Tenant relationship is a business.  If the Tenant fails to pay rent, the Landlord loses rental income.  Regardless how the Landlord uses the rental income, the Eviction process should begin immediately.   Unfortunately, many Tenants tell the Landlord to “wait another week” or ” I already sent the money to you.”   If a Landlord serves the Tenant with a 3 day notice, they can deduct the late fees from the security deposit.

3.   Comply with the Rules Governing Security Deposits

Florida Statute Chapter 83.49 outlines procedures for handling Security Deposits.   After the Tenant vacates the property at the end of the lease, the Landlord has 15 days to return the deposit in full.  If there is damage or fees that need to be deducted, the Landlord must send the Tenant a claim on the deposit. If the Landlord does not have the forwarding address to send the claim, it must be sent to the last known address. Our office cannot stress the importance of complying with this statute. Failure to comply can result in the Landlord paying an exorbitant amount of attorney’s fees if the Tenant has an Attorney.

4.  Provide Tenant Proper Notice When Entering Property

Florida Statute Chapter 83.53 allows a Landlord to enter the property under certain conditions.  These conditions include:
1. Inspection of the Property for Damages  2. Make Necessary Repairs  3. Make Improvements to the Property 4. Show a Property to a potential Tenant or an interest buyer.   In addition, before a Landlord must give the Tenant reasonable notice prior to entering the property.  Reasonable Notice is giving the Tenant 12 hours notice that they will be entering.  The times allowed must be between 7:30 a.m. to 8:00 p.m.  Many Landlords make the mistake of not complying with this Statute.  If a Landlord fails to give notice and enters the property, they are violating the Tenant’s Right to privacy.  +

5.  Providing Tenant Proper Termination Notice and/or Non Renewal of the lease.

A Landlord’s Termination of a Lease depends on the type of agreement they have with the Tenant.  However,  it is in the Landlord’s best interest not to include a renewal requirement.    In other words, once the lease terminates, the Tenant has to vacate.  If they remain in the property after the lease terminates, they are a Holdover Tenant.

On the other hand, many Landlords do not have written leases with their Tenants. Instead, they have a month to month lease.  In the event that a Landlord wants to terminate a month to month lease, they must comply with Florida Statute Chapter 83.57(3). 83.57(3) requires the Landlord to give the Tenant 15 days notice to terminate the lease.  For example, if a Landlord wants to terminate a month to month lease in July, the Landlord needs to give 15 days notice that the lease will end on July 31.

The above legal tips for Broward Landlords are essential for protecting their rights.  Therefore, if you have questions regarding the Florida Eviction Process, contact our office today at (954) 990-7552.

*This article is reposted by Broward Law Firm: Brian Kowal P.A 

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

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
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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.

 

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RIGHTS AND DUTIES OF LANDLORDS FLORIDA

RIGHTS AND DUTIES OF LANDLORDS FLORIDA

  • Posted: Jan 20, 2019
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RIGHTS AND DUTIES OF LANDLORDS

If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement. As a landlord, you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.

LANDLORDS HELP WITH EVICTIONS PAGES   AND  PROCESS OF AN EVICTION IN FLORIDA

If you require a prospective tenant to complete a rental application, and the applicant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard and United States Reserve Forces, you must notify the applicant of application approval or denial within seven days of when the application is submitted.

Your obvious right as a landlord is to receive rent for the use of the property.

Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.

In return for these rights, it is your duty to provide a home that is safe and meets housing code requirements, and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the right of peaceful possession. By renting to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter the home frequently, at odd hours or without notice. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don’t have the right to show the property to possible buyers without notice to and agreement of the tenants.

It is unlawful to increase a tenant’s rent or decrease services to a tenant in a discriminatory manner, or threaten to bring an action for possession or other civil action primarily in retaliation against the tenant. Retaliation may be presumed if it occurs after a tenant has complained about housing conditions. It is also unlawful to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove doors, appliances or the tenant’s property from the home. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages, whichever is greater.

To end the tenancy, if the unit has no written rental agreement or if the lease does not state otherwise and the unit is rented on a month-to-month basis, you must give at least 15 days’ notice in writing before the end of any monthly period; a week-to-week rental period requires seven days’ notice before the end of any weekly period. Any such notice must be in writing and should be delivered personally to the tenant, but it may be posted at the door if the tenant is absent from the premises. If the written rental agreement requires that the tenant give notice of up to 60 days before leaving the unit, the landlord is required to give the tenant the same notice period that there is no intention to renew the lease.

If the rented property is foreclosed upon, the purchaser at a foreclosure sale may terminate the rental agreement for existing tenants only by delivering a written 30-day notice of termination to the tenants. The tenants are obligated to pay rent during the 30-day period for any amount then accruing. The purchaser does not assume the duties of the landlord unless the purchaser assumes the existing rental agreement or enters into a separate rental agreement with the existing tenants. This 30-day notice requirement does not apply to all tenants. You should consult with an attorney to determine if the 30-day notice requirement is applicable.

Finally, both the landlord and the tenant have the duty to observe state and local laws concerning the use and condition of the property.

The basic rights and duties mentioned here apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best, because it serves as a memorandum of other terms and conditions such as restrictions on the number of adults or children or types of pets to be allowed. And if you wish to provide for lease terms of one year or more, the agreement must be in writing to be enforceable.

If the tenant permanently moves out before the end of the rental term and leaves the property vacant, this usually is considered to be an abandonment of the tenant’s rights. The law presumes an abandonment if the tenant is absent for at least 15 days without previously notifying the landlord of an intent to be absent. After abandonment, you may re-enter the dwelling unit. The rights and remedies often are complex, and you should consider legal advice or assistance.

The situation is more complicated if the tenant seems to have gone away but has left personal property on the premises or if there is a considerable amount of unpaid rent. In such a case, you should consult an attorney before trying to dispose of the tenant’s possessions or re-renting the property.

Another complication occurs when a tenant fails to pay the rent or refuses to move out at the end of the rental term. Under these circumstances, you may evict the tenant, but only after you have taken the proper legal steps to commence an action for possession according to a very specific timetable. You must serve proper notice or notices on the tenant to terminate this rental agreement. If the tenant ignores these notices, you are next required to file a complaint in court and have the tenant properly served with a summons and complaint. Five business days after the complaint is served, you may request the court to set a date for a hearing. However, if the tenant fails to answer the complaint within the five business days or fails to pay the rent that is due then, you can proceed to eviction without having a hearing first, though you must get a court order before evicting the tenant.

If the tenant disputes the amount of rent that is due, the rent does not have to be deposited at the court and a hearing must be held. If you wish to collect money damages from the tenant, you must wait 20 days to set a hearing on damages. At the hearing, you can ask that the tenant be evicted. If the judge agrees that the tenant has violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant. The tenant then has 24 hours to get out of your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant’s belongings. Because these proceedings are so technical, it is wise to have them handled by an attorney. Even if you decide to file the claim yourself in county court, you should have an attorney review the notices you have given and the ways you have served them to make sure you have properly observed all of the necessary requirements of the timetable. A single mistake can result in serious delay in your regaining possession of the property.

Because the landlord/tenant relationship is a legal contract, you should understand its various provisions before you rent your property to anyone. Remember that, as a landlord, you will be required to provide living quarters that are safe and keep them in good repair. Your obligations for repairs can sometimes be limited under the lease. You will have to turn over possession of the property to the tenant, free from unnecessary interference from you. In return, you may collect rent and, on reasonable notice or in cases of emergency, may inspect the property. At the end of the rental term, the property must be returned to you with no damage beyond ordinary wear and tear. The landlord has certain duties to account for or refund tenant deposits upon termination of the tenancy. Many of these basic conditions apply whether or not there is a written agreement.

 

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