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NARPM Presentation- Landlord/Tenant
 

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    NARPM Presentation- Landlord/Tenant NARPM Presentation- Landlord/Tenant Presentation Transcript

    • BY: Nishad Khan, Esq.NARPM LANDLORD &TENANTLAW SYMPOSIUM(407) 228-9711www.NishadKhanLaw.com
    • IntroductionIncoming Outgoing1.Fair Housing 1. Eviction Process2.Advertising 2. Notice Requirements3.ADA 3.Abandoned Property4. OtherVarious Acts 4. Deposits
    • Incoming…
    • Fair Housing Most owners don’t understand fairhousing laws and usually request PM’s todo things that may be illegal. It’s the PM’s responsibility to understandthe law and follow its requirements. Comes into play when advertising,showing properties and making decisions. At all times you must comply with fairhousing laws.
    • Summary of Acts- 5 Main Acts Civil Rights Act of 1866- prohibits racialdiscrimination; TitleVII of the Civil Rights Act of 1968(Fair Housing Act)- prohibitsdiscrimination based on race, color,religion, sex and national origin; Fair Housing Amendments Act of 1988-expanded FHA coverage to disability andfamilial status;
    • Summary of Acts (cont’d) Florida Fair Housing Act- same as FHA,affords victim easier remedy by suing instate court; (Sections 760.20 F.S.) American Disability Act-prohibitsdiscrimination on disability by gov’t andprivate agencies; AIDSVictims and Housing-protectsprivacy and disclosure of individualsinfected with AIDS and HIV
    • TitleVII of Civil Rights Act of 1968(FHA) Persons Covered by the Act:◦ Anyone who owns 4 or more homes;◦ Owner of a Multifamily properties (unlessfewer than 4 families, and the owner is one)◦ Brokers or sales associates who sell morethan 2 homes a year
    • TitleVII of Civil Rights Act of 1968(FHA) Not Covered by the Act:◦ Religious Organizations- may limit the sale,rental or occupancy to persons of samereligion◦ Private clubs that provide lodging may limitthe rental of such to its members only;◦ Only allowed if not for commercial purpose(trying to make money)
    • TitleVII of Civil Rights Act of 1968(FHA) Private Owners Not Covered by the Act:◦ Owners of a single family house maydiscriminate in selection if: Owner does not have any interest in more then 3single family houses at any one time; The property will not be occupied by more then 4families and one is owner; and
    • TitleVII of Civil Rights Act of 1968(FHA) Private Owners Not Covered by the Act: The house is rented without the use of a real estatebroker or agent. However if the owner doesn’t live in the house atthe time of the lease, then this exemption onlyapplies once every 2 years. Can the owner who lives in one side of the duplexand rents out the other side legally discriminateagainst prospective tenants?
    • TitleVII of Civil Rights Act of 1968(FHA) Not Covered by the Act:◦ Students;◦ Smokers;◦ Different Income Status;◦ Sexual Orientation;◦ Marital Status;◦ Age
    • TitleVII of Civil Rights Act of 1968(FHA)May be protected under localordinances :Broward, Dade, Palm Beach andTampa-sexual orientation is a protected class.◦ Broward-political affiliation is aprotected class.
    • Our concern with the FHA? This law generally prohibits stating, in anynotice or ad for the rental of a dwelling, adiscriminatory preference based on any ofthe following protected categories: Race or Color National Origin Religion Sex Familial Status Handicap / Disability
    • Two Components: Advertising: Decision Making:
    • Two Components: In a situation in which a landlord ownsless than four rental units, and lives in oneof the units, it is legal for the owner todiscriminate in the selection process but it is illegal for that owner to advertiseor otherwise make a statementexpressing that discriminatory preference.
    • Protected Categories May differ based on state, federal, county,city laws. Federal Law: Race Color Religion National Origin Handicap/Disability Familial status.
    • “Race/Color” No “Blacks” or “whites only” clear violation Advertisements cannot indicate the racialmakeup of a neighborhood: “Excellent area with many Hispanic families”-ClearViolation Cannot steer tenants into certain areasbased on their description of racial andethnic characteristics Emphasizing drawbacks and hiding thehighlights is an example of steering
    • “Religion” Cannot show preference or desiredapplicant “No Muslims!” Cannot advertise a “home is near thecatholic church” or “within walkingdistance of the JCC” Near Millennia Mall and “Holy LandExperience” Occupants of neighborhood “niceChristian town”
    • “National Origin” Steering into a Spanish Area or advertisingfor “English SpeakingTenant Only” is alimitation and illegal Preferential Ads “No foreigners” or“Americans Only” If potential tenant asks about ethniccharacteristics, do not get involved in theconversation and politely explain the lawdoes not allow you to discuss that.
    • “Sex” Advertisements for single family dwellingsor apartments may not describe apreference or limitation based on sex. Exception for shared housing units inwhich bathroom, common areas areshared. Can discriminate based on sex. “Single female roommate wanted”
    • “Handicap” Definition:◦ “Physical or Mental impairment thatsubstantially limits one or more of apersons major life activities;◦ A record of such impairment;◦ Being regarded as having such animpairment”
    • “Handicap” FHA prohibits discrimination against aperson with a disability, but also requiresyou to make reasonable accommodationsto rules, policies, and practices to providethat person with the same enjoyment ofthe space; Must also allow the person to makereasonable physical modifications of thepremises if they are willing to pay for it.
    • “Handicap” Requires any multifamily home built since1991 to have basic wheelchairaccessibility. FHA protection covers not only tenantswith disabilities, but tenants withoutdisabilities who live or are associated withindividuals with disabilities.
    • “Accommodation” A change the PM/owner must provide.Example:Tenant’s request for handicappedaccessible parking space close to thetenant’s unit “Reasonable for same enjoyment ofdwelling” Unreasonable: Redo the asphalt of theparking lot because of hazards/bumps
    • “Modification” A change the PM/owner must allow thetenant to provide at the tenant’s expense. Example: lowering cabinets andcountertops for accessibility. Not: tearing down walls for open floorplan.
    • “Service Animals?” A number of cases have involved theProperty Manager’s responsibility to allowservice or companion animals for peoplewith disabilities even if there is a “No Pet”rule.
    • “Advertisement” Property Manager’s that advertise “notwheelchair accessible” violate the law. However, its okay to advertise that aresidence is “handicapped accessible” orhas a “wheelchair ramp for accessibility”
    • “Familial Status” Discrimination against families withchildren This protection applies to persons whohave or anticipate having children underthe age of 18. Before the 1988 amendments 25% ofapartment complexes had a “NoChildren” policy, which decreased housingoptions for families with children.
    • “Familial Status” Cannot refuse to deal with families withchildren, segregate children in certainhousing units, restrict children activitieswith special rules, charge higher securitydeposits, restrict families with children tocertain areas of the property, or refuse torent to families with children of a certainage.
    • “Familial Status” You can set reasonable rules formaximum occupancy in an apartmentbuilding, but they must be uniform andcannot single out any tenant.
    • “Familial Status” Definition: A parent or another personhaving legal custody of individual orindividuals, or The designee of such parent or otherperson having such custody, with thewritten permission of such parent orother person. Pregnant person, or someone about toadopt a minor.
    • “Familial Status” Housing for OlderPersons Under federal Fair Housing laws, "housing forolder persons" is exempted from the prohibitionson "familial status" discrimination. "Housing for older persons" is defined as eitherof the following: Housing occupied solely by persons 62 years ofage or older; or Housing in which 80% of the occupied units haveat least one person 55 years of age or older, andwhich meet certain other requirements
    • “Familial Status” Housing for OlderPersons This exemption applies only to familialstatus discrimination; discriminationagainst all other protected categories,including disability, is still prohibited inhousing for older persons.
    • “Florida Fair Housing Act” F.S. Chapter 760 Modeled after the Federal Act, but givesvictims easier remedy by allowing them tosue in state court instead of FederalCourt Florida Statutes also prohibit housingdiscrimination against persons with HIVor AIDS.
    • FHA & Advertising The selective use of advertising can violatethe Fair Housing Act. Using certain models, languages, orgeographic locations to cater to certainethnicities are all violations. Use of English only in an area wheremajority are non-English speakers may be aviolation. HUD will consider the placement of the‘Equal Opportunity Logo”
    • FHA & Advertising Its okay to use words such as:◦ Santa Claus, Easter Bunny, Valentine’s day,Christmas, bachelor pad, jogging trails, walkingdistance to bus stop, non smoker, sober, wheelchair ramp, no bicycles allowed, Mother in lawsuite (maybe)
    • FHA Filing Process Individuals have one year to file acomplaint with HUD; HUD will open an investigations and ifstrong facts, will file a formal complaint; HUD will attempt a conciliation soparties can resolve; If after investigation HUD does not findcause, then they will close the case
    • FHA Filing Process If they find cause, they will file a chargethe respondent and case will appearbefore Administrative Law Judge unlesseither party wants to go to FederalCourt. ALJ will issue a decision and ifdiscrimination is found, maximum penaltyis $11,000 per violation. Also actual damages, equitable relief,attorney fees, etc.
    • Testing Very common for HUD to send outdifferent ethnicities to different offices tosee if the agents and offices treated theethnicities or race the same way, tookthem to the same neighborhoods, showedsame properties, etc.
    • Helpful Websites National Fair Housing Advocate Online:www.fairhousing.com Fair Housing Bookshelf:www.hud.gov/librabry/bookshelf08/ US Department of Housing and UrbanDevelopment:www.hud.gov/offices/fheo/index.cfm
    • American Disability Act (ADA) Prohibits discrimination based ondisability in employment, programs, andservices provided by the state and localgovernments; and Good and services provided by privatecompanies and commercial facilities.
    • American Disability Act (ADA) Why is it relevant to you? As an agent, PM, etc you provide a“service” and may be liable under this actif a violation occurs.
    • American Disability Act (ADA) Disability is defined by the ADA as “aphysical or mental impairment thatsubstantially limits a major life activity,such as walking, seeing, hearing, learning,breathing, caring for oneself or working.” Administered by the DOJ
    • American Disability Act (ADA) Does not cover: Does not cover temporary impairmentssuch as broken bones, nor sexual orbehavioral disorders. Does cover persons recovering fromsubstance abuse, but it does not protectpersons currently engaging in the currentillegal use of controlled substance.
    • American Disability Act (ADA) Not Protected: Juvenile offenders or sex offenders arenot protected by the act. Does not protect an individual with adisability whose tenancy would constitutea “direct threat” to the health or safety ofothers, or result in damage to property,unless that can be eliminated byreasonable accommodation.
    • American Disability Act (ADA) Construction: Full compliance with ADA is required fornew construction and alteration. Existing structures must be made accessiblewhen that goal is readily achievable. “Readily Achievable”- the goal can be carriedout without much difficulty or expense. Additional factors for “readily achievable”described in detail in ADA regulations.
    • AIDSVictims and Housing Florida Statutes Chapters 689.25 and 760.50 Cannot reveal that occupant is infected withHIV or diagnosed with AIDS, not materialfact. An owner or agent may not be sued forfailure to disclose that a previous tenant wasHIV positive. Any person with HIV or AIDS is afforded thesame protections as handicapped persons,including fair housing.
    • Summary Civil Rights Act of 1866 prohibits discrimination based onrace; TitleVIII of the Civil Rights Act of 1968 (Fair Housing Act)prohibits discrimination based on race, color, religion, sex andnational origin; In 1988 Congress passed the Fair Housing Amendments Act(FHAA), which expanded FHA to prohibit discriminatoryhousing practices based on disability and familial status. The Florida Fair Housing Act is modeled after the Federal actand affords victims of discrimination another, perhaps easierremedy than suing in federal court
    • Summary (cont’d) The Fair Housing Law applies to personswho:◦ Own 4 or more houses;◦ Any multifamily property, exceptproperties with four or fewer unitswhen one is occupied by the owner.◦ Brokers and sales associates who sellmore than 2 homes a year
    • Summary (cont’d) The Fair Housing Law does not apply to: Religious organizations may restrict sales orrentals of their property to members of theirown organization; Private clubs may offer lodgings may restrictthe use of the property to only their members Smokers, students, law income persons, sexualorientation, marital status, and age.
    • Summary (cont’d) When Advertising: Best to describe attributes of the propertyand avoid advertising the characteristics of theneighborhood or likely tenant; Selective advertisement, such as to certaingeographic areas, or photos with modelsshowing only one racial, sex, or ethniccharacteristics are violations.
    • Summary (cont’d) The ADA prohibits: Discrimination based on disability in employment,programs, services, provided by the gov’t, and goodsand service provided by private companies, andcommercial facilities; New construction must fully comply with ADAguidelines; Existing structures must be made accessible when thatgoal is readily achievable; Owners may be required to make accommodations toexisting structures, policies, and practices to provideequal accessibility and to allow tenants to makereasonable modifications to the premises.
    • Quiz: 1 ProspectiveTenant asks a landlord toprovide a reserved handicapped-accessible parking space at the entranceof the building.This is a request for?
    • Quiz: 1 Answer Accommodation! Reasonable for same enjoyment ofdwelling. A change the owner must provide
    • Quiz: 2 Which person or entity is covered by theFHA?◦ A religious organization renting its ownproperty;◦ An owner of 5 single family homes;◦ A private club providing lodging at its ownproperty for a non commercial purpose◦ A duplex when the owner occupies one ofthe units
    • Quiz: 2 Answer Owner of 5 family homes!◦ The law applies to persons who own 4 ormore homes.◦ All others are not covered by FHA
    • Quiz: 3 Which parties are protected under theADA:◦ Homosexuals◦ Persons who are abusing alcohol◦ Persons with broken legs◦ Persons recovering from drug abuse
    • Quiz: 3 Answer Which parties are protected under theADA:◦ Persons recovering from drug abuse◦ The law protects persons recovering fromdrug abuse, but not persons who arecurrently abusing.
    • Quiz: 4 Which one of these is not a violation ofthe FHA:◦ Home is close to the First Baptist Church.◦ No university Students!◦ House is not modified for handicapped access.◦ Hispanic buyers welcome.
    • Quiz: 4 Answer No University students! Students are not a protected class.
    • Quiz: 5 Which advertising is a clear violation ofFHA?◦ Cool bachelor apartment.◦ Third Floor Walkup.◦ Apartment for Sober Person.◦ English speaking Tenant Wanted.
    • Quiz: 5 Answer◦ English speaking Tenant Wanted.◦ Discrimination against National Origin: nonEnglish speaking tenants.
    • Outgoing. ..
    • Evictions Florida’s Landlord andTenant Statute,Chapter 83, Part 1 (nonresidential tenancies)and Part 2 (residential tenancies) governsthe rights and obligations of landlords andtenants including the legal proceedings by alandlord to recover possession of propertyfrom a tenant. We are going to focus on Part 2 (also knownas the Florida Residential Landlord andTenant Act).
    • Where to Evict? In Florida, the county court for thecounty in which the property is locate hasexclusive jurisdiction in Landlord andTenant possessory proceedings. Can take approximately 30-45 daysdepending on the court.
    • Recovering Possession Terminating for Nonpayment of Rent◦ Must serve a three day notice upon thetenant and this accomplished by mailing ordelivering a true copy thereof (throughpersonal service or process server) to tenant,and if the tenant is absent, by posting it on thedoor.
    • 3 Day Notice Requirements The 3 day notice must include:◦ Notice of amount of rent due;◦ Address of leased premises, including county;◦ Demand for payment of rent or possessionwithin three days from date of delivery of theNotice;◦ The date on which compliance is demanded;◦ And The landlord’s name, address and phonenumber.
    • Calculation of Days Do not count the day of service; Exclude Saturday, Sundays, and legalholidays; Add 5 days of notice if the notice ismailed, or if a P.O. Box was used for theaddress to which rent is paid.
    • 3 Day Notice The notice should specify the date onwhich the demanded rent became dueand the amount of and date of the nextrental payment due; Late fees, utility charges, and attorney feesshould not be included in the 3 day noticeunless specifically designated as rent inthe written lease.
    • Defective 3 Day Notices A defective 3 day notice will taint theentire eviction process. Examples: Include late fees, attorney fees, and utilitycharges when not designated as rent inthe lease; Payment dates are incorrect; and/or Does not contain address of the landlordwhere rent should be paid
    • Complaint for Removal Complaint must describe the property inquestion, and the alleged facts authorizingrecovery of possession, such as theservice of the 3 day notice, and theTenant’s failure to comply with saidNotice. Copy of the Notice should be attached asan Exhibit to the Complaint, togetherwith a copy of the lease agreement.
    • Summons A summons is used in eviction actionswhich requires the tenant to file anAnswer to the complaint within 5business days of service of the complaint. This 5 day period is computed excludingweekends and legal holidays. This is for possession only. If a moneyjudgment for unpaid rent is requested, 20days (including weekend) is given forresponse to the money claim.
    • Default Judgment If theTenant fails to file any response to the Complaintwithin the time allowed, the Landlord can apply for a defaultby the Clerk by submitting the following items: Motion for Default and Judgment; Affidavit as to Tenants Nonmilitary Status; Affidavit of Nonpayment of Rent and Retention ofPossession; Proposed Default Final Judgment for Removal of Tenant; Copies of the Judgment to be conformed and returned toLandlord and the defaulting Tenant; Writ of Possession should be submitted with the Default,(which will be issued and transmitted to the Sheriff),together with a check payable to the Sheriff for service fees.
    • Final Judgment If the Landlord prevails in the eviction, the Court will enter ajudgment awarding possession of the premises to theLandlord and will direct the Clerk to issue the Writ ofPossession, and the sheriff to serve the same. The Sheriff is required to give the residential Tenant aminimum of 24 hours notice, posted conspicuously on thepremises, prior to removing the Tenant. The Sheriff is not required to remove theTenants propertyin order to give the Landlord possession.TheWrit ofPossession should list the Landlords name and phonenumber as contact person for the Sheriff.
    • What if the tenant responds? Answer: Defendant (tenant) must file ananswer within 5 days after service ofprocess and should include all of theirdefenses. When the defendant answers, a hearingmust then be scheduled.
    • Notice of Hearing A notice of hearing must be mailed to thedefendant by US mail, stating the date andtime of the hearing. The hearing is usually set 10-20 days outand typically the court will set aside 30minutes.
    • Rent Deposit Florida Statute 83.60(2) If the tenant proposes any defense otherthen payment, the tenant must pay intothe registry of the court the accrued rentas alleged in the complaint and the rentwhich accrues during the pendency of theproceedings when due.
    • Rent Deposit Failure to do so constitutes an absolutewaiver of theTenant’s defenses and thelandlord is entitled to immediate defaultwithout further notice of hearing. Not all judges will grant the default, somemay want a hearing.
    • Rent Deposit The statute is silent as to exactly whenthe deposit must be made. Some judges permit the deposit up to thetime of hearing. The payment of rent into the courtregistry does cure tenant’s default, norterminate the landlords right toterminate the lease, but does protect thelandlord’s right to recover unpaid rent.
    • Judgment If the landlord prevails in the evictionaction, a Final Judgment will be entered bythe court awarding possession to thelandlord and directing the clerk to issuethe writ of possession, and the Sheriff toserve the same.
    • Attorney Fees A court may award attorney’s fees to thelandlord who obtains a judgment forpossession.The judgment will be forpossession, court costs and attorney fees,but not unpaid rent.
    • Terminating for Other Reasons F.S. 83.56 governs termination of thetenancy for noncompliance other thennon payment of rent. The procedure effecting the landlord’srights to terminate depends on the natureof the noncompliance. Each begins with service of a 7 day notice.
    • Right to Cure If the tenant has a right to cure thenoncompliance, pursuant to the lease,then you have to give the tenant thatright. Examples: Pets, unauthorized guests,vehicles, failure to keep property clean,etc.
    • Right to Cure The landlord can deliver written notice tothe tenant specifying the noncompliance,including notice that if not correctedwithin 7 days from date of delivery, the LLshall terminate the lease, and even ifcured, if it happens again within a year, thelease will be terminated.
    • Noncompliance w/out Right toCure If the noncompliance is such that tenantshould not be given a right to cure,(destruction of property, misuse oflandlords property, continued andunreasonable disturbance, ) LL can deliver written notice to thetenant terminating the rental agreement,specifying the noncompliance andproviding the tenant with 7 days from thedate of the notice is delivered to vacate.
    • Noncompliance w/out Right toCure Same applies if the noncomplianceconstitutes a subsequent or continuingnoncompliance within 12 months of thefirst written warning or similar violation.
    • The 7 Day Notice The notice is served in the same manneras the 3-day notice, except that the 7 daynotice period does not exclude Saturdays,Sundays and legal holidays. The 7 day notice should inform thetenant of the facts upon which thelandlord relies to support the allegednoncompliance.
    • The 7 Day Notice If notice of the noncompliance is basedon more than one violation, then thenotice should list all violations. Florida Statutes 83.56(2) provides thatthe 7 day notice shall be adequate if it issubstantially in the form set forth in thestatute:
    • The 7 Day NoticeYou are hereby notified that______________(cite the noncompliance).Demand is hereby made that you remedy thenoncompliance within 7 days of receipt of thisnotice or your lease shall be deemed terminatedand you shall vacate the premises upon suchtermination. If this same conduct or conduct of asimilar nature is repeated within 12 months, yourtenancy is subject to termination without yourbeing given an opportunity to cure thenoncompliance.
    • The 7 Day Notice:TIP A notice with opportunity to cure shouldalways contain the statutory language thatif the same conduct or conduct of asimilar nature is repeated within 12months, the tenancy is subject totermination without opportunity to curethe noncompliance.
    • Abandonment of Personal Property Florida Statute 715.104 deals withproperty that has been abandoned afterthe lease has been terminated.
    • Notification First you have to notify the formertenant(s). Landlord must give written notice to thetenant and to any other person thelandlord reasonably believes to be theowner of the personal property.
    • Notice Form Requirements F.S. 715.105 The notice shall include:◦ Name and last known address of formertenant;◦ Address of premises, including apartmentnumber;◦ Description of the property in a mannerreasonably adequate to permit the owner toidentify it;
    • Notice Form Requirements◦ Address where the property may be claimed;◦ The date before which the claim must be paid(the date specified shall be a date not fewerthan 10 days after the notice is personallydelivered, or if mailed, not fewer than 15 daysafter the notice is placed in the mail);◦ You have to let them know they may becharged for storage before the property isreturned;
    • Notice Form Requirements One of the following statements, dependingon the value of the property:◦ If over $250.00: "If you fail to reclaim the property,it will be sold at a public sale after notice of thesale has been published.You have the right to bidon the property at this sale.After the property issold, and the cost of storage, advertising, and saleare deducted, the remaining money will be paidover to the County.You may claim the remainingmoney at any time within one year after theCounty receives the money."
    • Notice Form Requirements If under $250.00: "Because the property isbelieved to be worth less than $250.00, it maybe kept, sold, or destroyed without furthernotice if you fail to reclaim it within the timeindicated above.“ If the notice goes to an owner, other than theformer Tenant you have to use substantially thefollowing form: (F.S. 715.106)
    • Notice Form RequirementsNotice of Right to Reclaim Abandoned PropertyTo: (Name)(Address)When (name of former tenant) vacated the premises at (address ofpremises, including room or apartment number, if any) , the following personalproperty remained: (insert description of personal property) .If you own any of this property, you may claim it at (address whereproperty may be claimed) . Unless you pay the reasonable costs of storageand advertising, if any, and take possession of the property to which you areentitled, not later than (insert date not fewer than 10 days after notice ispersonally delivered or, if mailed, not fewer than 15 days after notice isdeposited in the mail) , this property may be disposed of pursuant to s.715.109.(Insert here the statement required by subsection (2))Dated: (Signature of landlord)(Type or print name of landlord)(Telephone number)(Address)
    • Storage of Abandoned Property The personal property described in thenotice either shall be left on the vacatedpremises or stored by the Landlord in a safeplace until the Landlord either releases theproperty or disposes of the property. The Landlord shall exercise reasonable carein storing the property but he is not liable tothe Tenant or any other owner for any lossunless caused by the Landlords deliberateor negligent act.
    • Personal Property TIP Pursuant to Ch. 83.67(5) F.S., the landlordis NOT required to comply with noticerequirements for the storage ordisposition of the tenant’s personalproperty if the following disclosure isgiven to the tenant in the rentalagreement or in a written agreementseparate from the rental agreement.Thedisclosure must be substantially in thefollowing form:
    • Personal PropertyBY SIGNING THIS RENTAL AGREEMENT,THE TENANT AGREES THAT UPONSURRENDER,ABANDONMENT, ORRECOVERY OF POSSESSION OF THEDWELLING UNIT DUE TO THE DEATH OFTHE LAST REMAININGTENANT,ASPROVIDED BY CHAPTER 83, FLORIDASTATUTES,THE LANDLORD SHALL NOTBE LIABLE OR RESPONSIBLE FOR STORAGEOR DISPOSITION OF THE TENANT’SPERSONAL PROPERTY.
    • Release of Personal Property Personal property shall be released by theLandlord to the formerTenant, or, at theLandlords option, to any personreasonably believed by the Landlord to beits owner, if suchTenant or other personpays the reasonable cost of storage andadvertising and takes possession of theproperty not later than the date specifiedin the notice.
    • Personal Property Sold at a PublicSale The Landlord must give notice of the timeand place of the public sale by anadvertisement of the sale published oncea week for two consecutive weeks in anewspaper of general circulation wherethe sale is to be held. Sale must be held at nearest suitable placewhere the property is held or stored.
    • Personal Property Sold at a PublicSale Advertisement must include a descriptionof the goods, the name of the formerTenant, and the time and place of the sale; Sale must take place at least ten days afterthe first publication; The last publication shall be at least fivedays before the sale is to be held.
    • Terminating Periodic Tenancy Rental Agreement that do not provide theduration of tenancy (“month to month”) The duration is determined by theperiods for which the rent is payable.(Week to week, month to month, quarterto quarter, year to year, etc.)
    • Terminating Periodic Tenancy Must be served the same as aThree-DayNotice, and: At least 60 days prior to the end of theannual period if the tenancy is from yearto year. At least 30 days prior to the end of anyquarterly period where the tenancy isfrom quarter to quarter.
    • Terminating Periodic Tenancy At least 15 days prior to the end of anymonthly period where the tenancy isfrom month to month. At least 7 days prior to the end of anyweekly period where the tenancy is fromweek to week.
    • Terminating Periodic Tenancy:TIP In all cases, the notice is defective if it juststates 7, 15, 30 or 60 days (whicheverapplies) without that period ending at theend of the periodic term. A month to month lease which is usuallypaid on the 1st of each month cannot beterminated by giving 15 days notice onthe 20th of the month to be out by the5th of the next month.
    • Deposits Governed by Chapter 83.49 of Florida Stat. Deposit money does not mean just securitydeposits.The following also fall under thischapter:◦ Damage Deposits◦ Advance Rent deposits◦ Pet Deposits◦ Or any contractual deposit agreed in written ororal form by the landlord and tenant (Chapters83.43(11) and (12) and 83.49(1), F.S.
    • Deposits Upon receipt of the deposit, the landlordor landlord’s agent shall do one of thefollowing: Hold the total amount in a noninterestbearing account for the benefit of thetenant (no commingling by the landlord) Hold the total amount in a separateinterest bearing account in a Florida bankfor the benefit of the tenant.
    • Deposits Post a surety bond with the clerk of thecircuit court in the county where theproperty is located in the amount of thesecurity deposit, or $50,000 (whichever isless) By posting the bond, the funds can becommingled. Only time.
    • Deposits Within 30 Days of receipt of the advancerent or security deposit, the landlord isrequired to notify the tenant in writing ofthe following: Manner in which funds are held; The rate of interest; The time of interest payments; The name and address of the bank wherethe funds are being held and MUST include acopy of Chapter 83.49(3), (claims on securitydeposits)
    • Deposits-Claims on Security Under Florida Statute 83.49(3)(a), uponvacating of the premises upon termination ofthe lease, the Landlord shall have 15 days toreturn the security deposit, together withinterest if otherwise required, or In 30 days give Tenant written notice byCertified Mail to the Tenants last knownmailing address, of his intention to impose aclaim on the deposit and the reason forimposing the claim.
    • Deposits-Claims on Security If the Landlord fails to give the requirednotice within the 15-day period, heforfeits his right to impose a claim uponthe security deposit, even if there isdamage.
    • Deposits-Claims on Security Unless the Tenant objects to the Landlordsclaim or the amount within 15 days afterreceipt of the Landlords notice of intentionto impose a claim, Landlord may deduct the amount of hisclaim and shall remit the balance of thedeposit to the Tenant within 30 days afterthe date of the notice of intention to imposea claim for damages.
    • Deposits-Claims on Security Unless Lease states differently, any tenantwho vacates or abandons the propertyprior to the expiration of the lease, shallgive at lease 7 days written notice bycertified mail or personal delivery to thelandlord before vacating or abandoningthe premises, and said notice must includethe address where theTenant may bereached. Otherwise…
    • Deposits-Claims on Security Landlord is relieved of the noticerequirement for claim on security deposit. However, this does not waive any righttheTenant may have to the securitydeposit or any part of it.
    • The End(407) 228-9711nak@nishadkhanlaw.comwww.NishadKhanLaw.com