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The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

  • Posted: Oct 15, 2021
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LAW OFFICES OF

HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989

EVICTIONS · LEASES · SOLID LEGAL ADVICE

 

Residential Managers

 

IF WE PREPARED THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $125 for conventional uncontested non-government subsidized evictions for non-payment of rent.

IF WE DID NOT PREPARE THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $250 for conventional uncontested non-government subsidized evictions for non-payment of rent.

We classify residential property managers as property management companies that manage single-family homes, duplexes and very small apartment communities.

Costs are additional and vary by county. Costs consist of the county filing fees, the costs of the sheriff or private process server to serve the summons and complaint and if necessary, the cost for the Sheriff’s deputy to remove the tenant from the premises.

FeesIn the event the case is contested or the tenant files a counter claim, the attorney’s fees and costs may increase.

The Law Offices of Heist, Weisse and Wolk strives to keep your costs to a bare minimum and no additional charges will be incurred by the client unless the client is advised and agrees to authorize further legal work. The vast majority of evictions are uncontested.

Occasionally a routine court appearance is required for which we typically charge an additional $150.00. Phone, office consultations and advice by email is always at no charge.

There is never a charge for postage or copies.

 

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NEW CDC ORDER – THE CHAOS NEVER ENDS.

NEW CDC ORDER – THE CHAOS NEVER ENDS.

  • Posted: Aug 09, 2021
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NEW CDC ORDER – THE CHAOS NEVER ENDS.

NEW CDC ORDER – THE CHAOS NEVER ENDS. Billions of dollars hung up and not being distributed. This could be fixed so easily. So few tenants are indeed delinquent but most of those that are have been scamming the system for months. Why bother having 3 Branches of government anymore? The Supreme Court ruled on this and now is completely being ignored.

 

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CDC EVICTION ORDER EXTENDED UNTIL JULY 31

CDC EVICTION ORDER EXTENDED UNTIL JULY 31

  • Posted: Jun 28, 2021
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CDC EVICTION  ORDER EXTENDED UNTIL JULY 31, 2021
 
ALL EVICTIONS CAN STILL BE FILED AS NORMAL  –  30 DAY NOTICE REQUIREMENT FOR CARES COVERED PROPERTIES STILL IN EFFECT

The CDC Order has been extended for the final time until July 31, 2021.
The CDC Order does not prevent us from filing any type of eviction, (Declaration or no Declaration in place), but the Consumer Financial Protection Bureau’s rule of May 3 still requires the Tenant gets a special “notice” at the same time the Tenant would get their usual 3 Day Notice and/or possibly the Nonrenewal Notice. 

Your 3 Day or 30 Day Notice (CARES Act covered) still needs to contain the Notice of Rights under the CDC Order or the Notice of Rights can be given along with your 3 or 30 Day Notice. 

We recommend that you either give the wording to the Tenant with the 3 Day or 30 Day Notice and/or Notice of Nonrenewal, or you put this wording ON either notice so it is clear and conspicuous.

Nonpayment, Nonrenewal/holdover, and Noncompliance cases can all still be filed whether the Tenant has provided you with a CDC Declaration or not.

YOUR CURRENT OPEN AND NEW NONPAYMENT OF RENT EVICTIONS 

The final step (removal by the Sheriff), will not occur in a nonpayment case until after July 31 if the Tenant has presented the CDC Declaration UNLESS a judge has previously struck the Declaration down.  
IF NO CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:
Most nonpayment cases are moving through in most counties.

IF  A CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:
Many judges are striking the Declaration if the Tenant does not qualify under the Declaration requirements.

YOUR NONRENEWAL/NONCOMPLIANCE EVICTIONS:
In most cases, these evictions are moving through and are not being impacted by the CDC ORDER or a submitted Declaration.
YOUR OPTIONS FOR FILED EVICTIONS AND EVICTION AVOIDANCE TECHNIQUES
You still have options with your Tenants.
CASH FOR KEYS – This is often a viable method.  Download the form we provide if needed
AGREEMENT TO VACATE – Many Tenants will indeed sign an Agreement to Vacate Form.  Please see the video we have on this topic and download the form if needed
RENTAL ASSISTANCE FUNDS
Money is still being allocated by the government for rental assistance funds to the Tenant and directly to the Landlord. Keep seeking these funds out.  If an eviction is OPEN, contact us FIRST before accepting any assistance or signing any assistance paperwork.
CLICK HERE FOR INFO ON FINDING EMERGENCY RENTAL ASSISTANCE FUNDS

PAYMENT PLANS AND STIPULATIONS
Nothing is stopping you from accepting partial rent or entering into payment plans.  If you are dealing with a CURRENT OPEN EVICTION, contact us first before accepting any money so we can get you a STIPULATION.

FEEL FREE TO CALL OR EMAIL US AT ANY TIME IN DOUBT?  CONTACT US at info@evict.com

 WWW.EVICT.COM 

ONLINE EVICTION FILING
EVICTION STATUS
EVICT.COM
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A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic.

A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic.

  • Posted: Feb 01, 2021
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A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic. 

A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic. 

Sen. Darryl Rouson filed SB 412 and SB 926 in an effort to address eviction records and housing insecurity. 

The Residential Tenancies bill, SB 412, would help address housing insecurity by referring matters of eviction to mediation in circuit courts with established mediation programs. It would also remove the requirement for the tenant to deposit money owed during eviction proceedings into the court registry.

“Our state should be utilizing mediation to discuss options for tenants and landlords prior to the eviction proceeding,” Rouson said at a press conference Monday. 

Rep. Fentrice Driskell filed the Senate’s companion bill HB 481


The related bill, Eviction Records (SB 926), would allow for defendants to move to seal their eviction record if the court finds they were adversely affected by COVID-19. The bill would apply to eviction complaints filed after March 1, 2020.
“What we’re really trying to do here, to put it very plainly, is to help level the playing field and make sure that we can slow it down a bit so that we can hear the facts,” Driskell said.

The goal: to prevent future landlords from refusing to rent to tenants adversely impacted by COVID-19. 

“Nothing is more sacred than adequate shelter, safe and secure housing, particularly during a health crisis,” Rouson said. “We allow records to be expunged and sealed for criminal offenses. Why not for the unfortunate situation of an eviction so that people can truly get a clean, start.” 

Rep. Dianne Hart filed the companion bill for eviction records, HB 657. 


During Monday’s press conference, Rouson emphasized that nearly 180 families a day are being evicted from their homes in Florida.
“Even with a moratorium in place many people were not spared from the process of losing their homes,” Hart said. “Even though these circumstances were not within anyone’s control, once you have an eviction on your record, it is exceedingly difficult to find another landlord willing to give you an opportunity to rent.”

“This is not a partisan issue. The landlord does not ask your party affiliation when he begins an eviction process,” Rouson said. “No one likes going through an eviction process, why not have mediation, to discuss options between landlords and tenants when people are unable to pay and afford the rent.”

Eviction-related bills spurred by the economic impact of the COVID-19 pandemic have been coming in hot to the Florida legislature. 

In early January, Sen. Shevrin Jones filed a bill, SB 576, which would prohibit landlords from refusing to enter into a rental agreement with a prospective tenant solely based on an eviction that occurred during the pandemic.

Back in December, the passage of the $900 billion federal relief package allocated about $1.4 billion in rental relief assistance to Florida.

But, without protection from the state, which let its eviction moratorium expire in September, more tenants may face evictions come March 31 — a deadline extended by the CDC.

A National Low Income Housing Coalition report found that Florida has the second highest eviction risk rate across the country. The report found that 15.6% of Florida renters were at risk of eviction in the two months following December, compared to a national risk of eviction rate of 8.4%.

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