Evictions
Evictions are also covered by the Florida Residential Landlord and Tenant Act (FS § 83). Under this act, tenants can be evicted for failing to pay rent or failing to comply with requirements under the lease agreement, or obligations under 83.52, F.S.
The eviction process depends on the nature of the breach of the agreement. This is detailed in Section 83.56, F.S. Three-Day Notice
If a tenant fails to pay his or her rent, the landlord or property manager must serve the tenant with a written notice allowing three days business days, excluding Saturday, Sunday and legal holidays. Legal holidays for the purpose of this section shall be court-observed holidays only. If the tenant does not pay the rent or move, the property manager may take steps to evict the tenant. A three-day notice is given when the tenant is one or more day’s delinquent in his or her rent. Proper wording and delivery is required.
Seven-Day Notice
7-day notice to terminate:
A tenant can be evicted if he or she exhibited a lack of consideration for the rights and privacy of other tenants or for damage, destruction or misuse of the property.
7-day notice to cure:
A non-compliance, seven-day notice gives the tenant seven days to remedy a non-compliance, breach, or violation in his or her rental agreement. Should the same conduct occur again within 12 months of the first notice, eviction can be filed after a seven-day notice to terminate. A seven-day notice also applies to week-to-week tenancies.
Fifteen-Day Notice
This is used to terminate a month-to-month tenancy. Notices are not themselves evictions. If a tenant ignores the notice, the property manager then proceeds to a formal eviction action. The property manager may only file a formal eviction action for non-payment of rent and only if uncontested. If the eviction is for any other reason, or if the non-payment of rent eviction becomes contested, the landlord or landlord’s attorney must handle this process. This is where property managers get in trouble!
The notice is the landlord's request or formal demand that the tenant moves out. It is delivered to the tenant only and is not filed in court. If the tenant does not voluntarily move as requested by the notice, the landlord may file an eviction case in court. The eviction case is the landlord's request, or formal demand, made to the County Court. It asks the Court to evict the tenant. A Summons and Complaint is delivered to the tenant by a process server.
Tenant Response
If the court agrees with the property manager, the tenant will be notified in writing and have five days to respond in writing to the court.
If the tenant does not respond or a judgment is entered against the tenant, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify the tenant that eviction will take place within 24 hours. If the tenant fails to vacate, the sheriff will establish a time to meet with the property manager and a specified number of people for removal of the personal property. See Table 1A below for an eviction flow map.Several Florida counties have additional burdens for either the landlord or the tenant, or both. Property managers should verify the requirements of the county before committing the property owner to an action.
In Florida, a property manager is allowed to file an eviction. Chapter 83.59 was amended giving managers this right in 1992; however, if the tenant files a response, the property manager must have the owner or attorney litigate the matter. If the property is not owned by an individual but by a corporation or LLC, an attorney may be required to proceed with the eviction.
A power of attorney does not grant a property manager the power to act as an attorney or eliminate the requirement to be an attorney if the property manager is going to represent someone other than himself or herself in a legal proceeding.Unless the property manager is a principal in the ownership of a property, he or she is prohibited from filing any lawsuit other than for a residential eviction for possession only.
When discussing the process of eviction with an owner, tenant or any other party to an agreement, real estate professionals must be careful to avoid the unauthorized practice of law. If a disagreement arises the property manager should be encouraging the owner they represent to seek out proper legal advice.
Let's consider this: What does the NAR Code of Ethics say about the unauthorized practice of law?
Monday, January 26, 2015
How to perform a background check on a potential tenant
click here to watch video on how to perform a background check on a potential tenant
how much notice do i have to give my tenant to enter my property?
The 1993 legislature defined reasonable notice for entry for repairs purposes as 12 hour notice, and entry between the hours of 7:30 am and 8:00 pm.
Friday, January 23, 2015
Just Listed debbiesmall.net
Just Listed debbiesmall.net debbiesmall.net@gmail.com Realtor Florida Luxury Realty
Wednesday, January 21, 2015
Hololense
http://www.microsoft.com/microsoft-hololens/en-us?ocid=Social_Microsoft_fb_2015-01-21_Photo_Platform-announce-website_Organic&wt.mc_id=socialmicrosoft_fb_21012015_Platform-announce-website
Tuesday, January 20, 2015
Door knocking
I'd L♡VE to be your Realtor!
#debbiesmall debbiesmall.net #beaconsquare #gulfharbors #westpasco #baileysbluff #HolidayLakes #newportrichey #Elfers
Door Knocking
Sunday, January 18, 2015
Understanding Property Information (or) where do I find my Folio number?
Composition of County Folio Number
The folio number is a means by which properties are identified in Miami-Dade County. It is also referred to as the parcel identifier and represents a unique number that computer systems use to associate to a property. The folios number is formatted as a 13 digit number (99-9999-999-9999). The composition of the folio number includes Municipality, Township, Range, Section, Sub-division, and Parcel Identifier as described below.
Friday, January 16, 2015
Principle of conformity
http://www.realestatewiki.com/wiki_content/Principle_Of_Conformity_cat40834034_cid20430087.htm
Does Home Owners insurance cover mold remediation?
http://www.houselogic.com/home-advice/home-insurance/homeowners-insurance-mold-covered/
Escrow Reinbursement
If there are problems with the property you wish to buy, how do you get an ESCROW REINBURSEMENT from the title company?
you need a cancellation of contract addendum signed by both parties, and you need to submit a written request to the escrow company to request your refund.
I had this issue come up with a buyer I was working with. Surprisingly, in FL there is no law as to how long an a title agent or attorney holding escrow has to return it. Once the contract is cancelled by both parties, the refund becomes a matter between you and the entity holding your escrow.
Monday, January 12, 2015
Real estate year in review
http://economistsoutlook.blogs.realtor.org/2015/01/12/part-1-ehs-in-2014-by-the-numbers-popular-closing-dates/#sf6873908
difference between an appraisal and a property inspection?
The Function of an Appraisal
Homebuyers may become confused between the purpose of an appraisal and the purpose of an inspection. An appraiser evaluates a property to determine the value of the property based on its current condition, and the current market conditions. An “as is” value can be based on a property that does not meet minimum health and safety standards. In fact, some values end up being land value less demolition costs. Some mortgage clients require appraisers to take into account readily observable conditions and determine if the property meets minimum health and safety standards.
Compare that to the function of a home inspector who scrutinizes the physical condition of the property and identifies items that should be repaired or replaced. This includes pointing out problems that are not easily discernible to a novice homebuyer, informing them regarding working order, the need for repair or replacement, and telling the homebuyer about possible remaining economic life.
Neither the appraiser nor the inspector is responsible for guaranteeing the condition of the property, its systems, appliances, etc. They do not have to certify that the property is free of defects..
Friday, January 9, 2015
Wednesday, January 7, 2015
I'd LOVE 2 be your Realtor!
I'd LOVE 2 be your Realtor! Debbiesmall.net debbiesmall.net@gmail.com Realtor Florida Luxury Realty #debbiesmall #loveFL #HolidayLakes #westpasco #baileysbluff #gulfharbors #baileysbluff #beaconsquare
Tuesday, January 6, 2015
Electronic Signatures
Electronic Signatures
The Uniform Electronic Transaction Act provides legal status to paperless online transactions. Electronic signatures have the same legal authority as written signatures in pen and ink on paper. With some exceptions, this means that parties who mutually agree can conduct business electronically, and electronic records, signatures and contracts will be legally enforceable. The law allows admissibility of electronic records in a court of law. All items currently required by law to be made in writing can be done electronically, as long as the recipient is able to print or store an electronic version. Electronic documents in some areas, such as landlord-tenant notice procedures, cannot replace physical documents. The law required that by January 1, 2002, all Florida counties have an index of all recorded documents on a publicly available Web site. The documents had to be online and retrievable by January 1, 2006.
Excluded from this act are transactions relating to portions of the Uniform Commercial Code, transactions overseen by the Uniform Computer Transaction Act, and rules relating to judicial procedure. FS § 475.5018: When any act performed under this part must be performed in writing or acknowledged with a signature, the provision of an instrument of writing by electronic means or facsimile, including a signature transmitted by electronic means or facsimile, is binding and sufficient.
The Uniform Electronic Transaction Act provides legal status to paperless online transactions. Electronic signatures have the same legal authority as written signatures in pen and ink on paper. With some exceptions, this means that parties who mutually agree can conduct business electronically, and electronic records, signatures and contracts will be legally enforceable. The law allows admissibility of electronic records in a court of law. All items currently required by law to be made in writing can be done electronically, as long as the recipient is able to print or store an electronic version. Electronic documents in some areas, such as landlord-tenant notice procedures, cannot replace physical documents. The law required that by January 1, 2002, all Florida counties have an index of all recorded documents on a publicly available Web site. The documents had to be online and retrievable by January 1, 2006.
Excluded from this act are transactions relating to portions of the Uniform Commercial Code, transactions overseen by the Uniform Computer Transaction Act, and rules relating to judicial procedure. FS § 475.5018: When any act performed under this part must be performed in writing or acknowledged with a signature, the provision of an instrument of writing by electronic means or facsimile, including a signature transmitted by electronic means or facsimile, is binding and sufficient.
Google Gmail motion - coolness!
Sunday, January 4, 2015
Can a loss generated from residential or commercial realty be used on the tax return of the investor?
Can a loss generated from residential or commercial realty be used on the tax return of the investor? This question is asked often because there is so much confusion as a result of the passive activity loss rules adopted by Congress in 1986.
The answer is yes if the basic rules of the Tax Reform Act of 1986 are met. The tax law states that losses from real estate activities in which the investor does not materially participate can only be used to offset income from passive activities.
In this unit we will investigate the concept of losses and the proper calculations for the transfer (sale) of property. At the conclusion of this unit the student will be able to;
•restate the passive loss rules
•discuss proper calculations for the transfer of property
•identify IRS provisions affecting investor taxation
debbiesmall.net
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