Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

Posted: Aug 27, 2023
By: NatEvict
Comments: 0

Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

The number one problem we hear daily is, LL’s dont do repairs. Why we ask its your property and your income, why wouldent you keep it up to code looking good and in working condition. rents are paid by tenants when they see a LL is taking care of the apts, houses they pay to live in!

1. Provide tenants with a clear point of contact for reporting maintenance issues e.g an online maintenance request system

2. Respond to maintenance request promptly, it shows reliability

3. Determine the urgency of each request and categorize them based on severity and potential impact such as tenant safety, property condition or further damage. This will help prioritize and allocate resources accordingly.

4. Coordinate repairs with qualified vendors and contractors

5. Obtain multiple quotes from different vendors to ensure competitive pricing and quality of work. Consider factors such as cost, experience, and availability when selecting a vendor

6. Document and track repairs including details of the reported issue, actions taken, vendor information etc

7. Conduct regular inspections. This allows you to address issues before they become major problems

8. Budget for maintenance. This allows ensures that you have funds readily available when needed.

9. Provide tenants with guidelines on how to handle basic maintenance issues e.g proper use of appliances, minor repairs etc

10. Follow up with tenants after maintenance issue has been solved to ensure their satisfaction. Thus helps build/maintain tenant landlord relationship.

Read other articles on NationalEvictions.com

search our directory, buy forms, and so much more……

Tags: LANDLORDS, Legal Articles

If you want a family member to leave your home

Posted: Feb 05, 2022
By: NatEvict
Comments: Comments Off on If you want a family member to leave your home

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.

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.

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.

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.

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.

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.

Tags: Eviction Information, LANDLORDS, Legal Articles, TENANTS

National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

Posted: Feb 08, 2021
By: NatEvict
Comments: Comments Off on National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

National Federal Eviction Moratorium

Learn About Protections and Steps Renters Must Take!

A federal eviction moratorium issued by the Centers for Disease Control (CDC) is in effect from September 4, 2020 to March 31, 2021. The temporary moratorium on evictions extends vital protections to tens of millions of renters at risk of eviction for nonpayment of rent during the global pandemic.

The federal eviction moratorium is essential relief for struggling renters, but it merely postpones evictions – it doesn’t prevent them. When the moratorium expires on March 31, 2021, back rent will be due, and renters will be unable to pay. In the meantime, small landlords who rely on rental income to maintain and operate their properties will increasingly struggle to pay their bills.

What’s Next?

To be protected, qualified renters facing eviction should immediately provide a signed declaration to their landlords. For more details about the moratorium and a sample declaration that renters can use, read NLIHC’s and NHLP’s Overview of National Eviction Moratorium and our National Eviction Moratorium: FAQ for Renters

An emergency COVID-19 relief measure enacted in December 2020 included $25 billion in emergency rental assistance. While the relief bill provided essential and desperately needed protections for renters, additional resources and protections are needed. Congress must provide at least $100 billion in emergency rental assistance to keep renters stably housed during and after the pandemic and to ensure we don’t lose any of our country’s essential housing stock. Learn about NLIHC’s top priorities to ensure housing stability during the pandemic.

Read NLIHC, NHLP, and Eviction Lab’s Housing Priorities for the Biden-Harris Administration: Enact a Broad Eviction Moratorium

Learn More

Join NLIHC’s national call on coronavirus, disasters, housing and homelessness every Monday at 2:30-4:00 pm ET for an in-depth discussion on the federal eviction moratorium and critical steps renters must take to ensure they are protected. Our partners who are experts on the moratorium, evictions, and state partners who are working with renters on the ground, will join us for the discussions.

NLIHC’s estimate of how much emergency rental assistance each state will receive under the proposal (note: these estimates combine allocations to the state government and local jurisdictions within each state).

Take Action

Share information with renters about the federal eviction moratorium and the steps they must take to be protected! See NLIHC and NHLP’s Overview and FAQ for more details on the moratorium and a sample declaration form that renters can use.
Use social media to tell Congress that housing stability during and after this pandemic cannot wait. Call out the need for #RentReliefNow using our sample social media posts and images. Tag your member of Congress and demand action!
Contact your senators and representatives: Demand that Congress and the White House restart negotiations and pass additional resources and protections to address the health and housing needs of America’s lowest-income renters and people experiencing homelessness. Find the phone numbers of your members of Congress here or send an email!
Use NLIHC’s Advocacy Toolkit to urge Congress to take immediate action to ensure people get and stay stably housed.
Publish op-eds and letters to the editor in your local papers using NLIHC’s media toolkit here.
NEW: Add your organization to NLIHC’s national letter demanding that the CDC:
- Extend the federal eviction moratorium through the end of the pandemic;
- Strengthen the moratorium by making it an automatic and universal moratorium, or, at a minimum, require landlords to provide notice to renters of their rights under the CDC moratorium and prohibit landlords from filing or advancing eviction proceedings unless they attest that they have not received a signed declarative statement from tenants;
- Rescind the Frequently Asked Questions (FAQ) document issued on October 9 that creates loopholes in the moratorium’s protections making it more difficult for struggling renters to remain stably housed; and
- Commit to enforcing the moratorium and create a mechanism for renters to file complaints against landlords who violate it.

Tags: Eviction Information, LANDLORDS, Legal Articles, TENANTS

New Procedures and Forms for California Unlawful Detainer Cases – 2021

Posted: Dec 16, 2020
By: NatEvict
Comments: Comments Off on New Procedures and Forms for California Unlawful Detainer Cases – 2021

New Procedures and Forms for California Unlawful Detainer Cases – September 1, 2020

PSI Thanks for a great Article

A new law was passed and immediately went into effect on September 1, 2020, entitled the COVID-19 Tenant Relief Act of 2020. The law will temporarily modify the initiating procedures for all unlawful detainer cases, and especially for non-payment of rent between March, 2020 through January 31, 2020. Process servers should be aware of these changes. The law relates to the impact of Covid-19 rent period from March 1, 2020 through January 31, 2021 and sunsets in 2025.

The intent of the law was to avoid an inevitable increase in homelessness as the pandemic continues to adversely affect the economy.

Generally, the law addresses two rental periods involving tenants who have not completely paid rent from March 1, 2020 through August 31, 2020 (pre-Sep. rent), and from September, 2020 through January 31, 2021 (post-Sep. 2020 rent).

Unpaid Rent from March 1, 2020 through August 31, 2020

The law required service, on or before September 30, 2020::

A15-Day Notice for non-payment of pre-Sep. rent, designating the month(s) and amounts due. The law voids a three day notice for this purpose.
Information regarding the new law.
A blank declaration for the tenant to sign, under penalty of perjury, that the failure to pay rent was due to the financial impact of Covid-19.

Each tenant is obligated to sign and return the declaration under penalty of perjury regarding their inability to pay rent due to the financial impact of the Covid-19 pandemic. If the tenant returns the declaration no unlawful detainer action may be filed on the basis of non-payment of rent.

If the tenant does not return the declaration within 15 days of service, and an unlawful detainer is filed, the tenant may submit the declaration once the case is filed which will stay the proceeding.

“High Income Tenants” must provide the landlord proof of income and inability to pay.

If service was not made before September 30, 2020, and a lawsuit is filed later, the tenant may have an affirmative defense to the alleged obligation to pay the unpaid rent for that period. The Judicial Council will be adding that defense as a line item to the form Answer to Unlawful Detainer in the future.

Unpaid Rent from September 1, 2020 through January 31, 2021

The law requires service of:

A15-Day Notice for non-payment of post-Sep. rent, designating the month(s) and amounts due. /this may involve multiple services throughout the five months for unpaid rent from September 1, 2020 through January 31, 2021. The law voids a three day notice.
Information regarding the new law
A blank declaration for the tenant to sign, under penalty of perjury, that the failure to pay rent was due to the financial impact of Covid-19

Each tenant is obligated to sign and return the declaration to the landlord within 15 days. If the tenant returns the declaration no unlawful detainer action may be filed on the basis of non-payment of rent.

If the tenant does not return the declaration, and an unlawful detainer is filed, the tenant may still submit the declaration once the case is filed which will stay the proceeding.

If the tenant returns the declaration, they must defer payment of 25% of the unpaid rent on or before January 31, 2021.

“High Income Tenants” must provide the landlord proof of income and inability to pay.

Manner of Service

The manner of service is still governed by CCP sec. 1161, Each tenant may personally served or sub-served or posted and mailed.

Proof of Service

The proof of service should separately and specifically list each document served

Note that the proof of service form developed by the California Apartment Association specifies that the follow-up mailing when sub-serving or posting, if necessary, was made on the same day of physical service. /that is not a legal requirement, but if that form is used, it should accurately reflect the date of mailing,

You may find a Proof of Service of a 15-Day Notice here under the Landlord / Tenant heading section.

Eviction Moratorias

The federal CARES Act, Center for Disease Control, and some local jurisdictions with eviction moratorium rules and regulations may restrict unlawful detainer filings before they expire.

Filing an Unlawful Detainer lawsuit for Possession Based Upon Unpaid Rent

TIn addition to the other required Civil Case Cover Sheets the court may require the landlord must also complete a new civil cover sheet, Plaintiff’s Mandatory Cover Sheet, and Supplemental Allegations—Unlawful Detainer for any unlawful detainer. The form requires assertions that they have complied with the new law before the court will file the unlawful detainer action.

Because the assertions are a statutory requirement, the Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations must be served with the Summons and Complaint, and the defendant may assert affirmative defenses based upon the representations in the plaintiff’s form.

After January 31, 2021, if the deferred rent is not paid, an unlawful detainer for possession may then be filed on the basis of unpaid rent, presumably under the current law.

Filing a Case to Recover Unpaid Rent

The unpaid rent is converted to consumer debt, and may be recovered after March 1, 2021 in a separate lawsuit in small claims court. The new law removes the $10,000 jurisdictional limit specifically for Covid-19 related rent.

The impact on the Small Claims Courts around the state will likely be overwhelmed when these cases are being filed. They will likely need more staff, courtrooms, and judges to handle to increase in filings.

A box will be added to the Plaintiff’s Claim to Go to Small Claims Court form referencing the special lawsuit for the unpaid rent.

Evictions for unpaid rent may be filed starting October 5, 2020, for tenants that do not submit a financial distress declaration.

Unlawful Detainer Actions for Reasons Other than Unpaid Rent

Eviction against nonresidential tenants
Evictions for lease defaults stemming from reasons other than nonpayment of rent.
Evictions for missed rent payments before March 2020
Evictions for nonpayment of rent unrelated to the coronavirus pandemic.
Evictions against tenants willfully damaging property.
Evictions against tenants engaged in criminal activity.
Evictions against tenants who violate the lease or rental agreement in other ways.

Of course, the timelines set forth, and procedures may not hold if the pandemic is not brought under control by January 2021. The legislature may modify or extend the protections during the first months of 2021.

Tags: California Eviction Articles, Eviction Information, Legal Articles

TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

Posted: Apr 25, 2020
By: NatEvict
Comments: Comments Off on TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

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.

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