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CONDO AND HOA EXPO IN ORLANDO!  November 13 @ 8:00 AM – 4:30 PM

CONDO AND HOA EXPO IN ORLANDO! November 13 @ 8:00 AM – 4:30 PM

CONDO AND HOA EXPO IN ORLANDO!

Orange County Convention Center – West Building 9800 International Drive, Orlando, FL, United States

CONDO AND HOA EXPO IN ORLANDO! Date: November 13   Time: 8AM-430PM Location: Orange County Convention Center Property Management Expo & Seminars Orange County Convention Center-West Bldg Wednesday, November 13, 2024 Seminars 8:00 am – 4:30 pm Exhibits 10:00 am – 3:00 pm Sign up for the networking and educational event of the year! Get face-time with the industry experts, browse the latest products and services and learn how to save thousands on the management and maintenance of your condo or HOA. Registration is FREE for association managers, and board members. Don’t delay!

 

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Property Management Legal Forms: forms are always needed for proper operation.

Property Management Legal Forms: forms are always needed for proper operation.

  • Posted: Jun 26, 2024
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Property Management Legal Forms

As you become a CAM Manager and start your business or have a Property Management Business that is established, forms are always needed for proper operation.

 

We offer Subscriptions – Where for a small fee you can download and get access to EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

 

View the Property Management Forms

 

PMLegalForms.com – Property Management, Eviction, Notices to Tenants and Owners, Letters, and many other Legal Documents can be found, View from over 85,000+ Legal Forms simply find and download!  

With our New Subscription Plans you can subscribe and get access to all of our Forms at any time!  We now have Forms for every State in the US. You can buy just the single form you need or Subscribe and get access to all of the Forms for one low price!

 

Just some of the essential forms to assist Property Managers with: leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

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Collection of Fees for Property Managers. How are they determined?

Collection of Fees for Property Managers. How are they determined?

  • Posted: Nov 17, 2022
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Collection of Fees for Property Managers. How are they determined?

 

Rental income and fees are the lifeblood of the business. If the mechanisms are not put in place to bring in the right amount at the right time each month, the business will eventually wither and die. When properly performed, this is what allows top real estate investors to achieve a higher than average return on investment.Here’s a list of issues to review and questions to ask the Community Association Management firms you interview: How do they determine their fees & rates?

There is a science behind maximizing rents for a community association manager to achieve this requires them to have knowledge of the local market and perform solid research on the last 10-20+ most recently rented comparables. Rules of thumb like the 1% rule (charging 1% of the property’s value as the monthly rent) are handy for reference, but can not replace thorough research using current market data. Aside from affecting rental income, your rental rate can also impact the properties value. The goal should be to get the unit rented within a month.

 

How often do they raise fees & rents?

Rental rate surveys should be performed at least annually, and more frequently if there are vacancies or lease renewals. Contractual rent escalators allow the rents to be raised without the need to negotiate, offer an explanation or give notice. Tenants know they have already agreed to it so it doesn’t feel arbitrary, and tenants are actually grateful if the firm decides to not enforce the full rate hike.

 

How is rent collected?

It’s a plus if the management company offers direct debit for tenants. Processing fewer checks improves cash flow and saves time and money. This lets you know as soon as possible if funds aren’t there and eliminates excuses about checks lost in the mail.

 

How do they deal with bounced checks?

This is usually a warning sign of trouble ahead; after the first bounced check tenants should be prohibited from writing personal checks until at least 6 months of good payment history has been established. Additionally, there should be a provision in the rental agreement that says tenants agree to pay the maximum the law allows for all returned checks.

How do they deal with delinquent payments?

Find a Community Association Management company with a process that is firm but reasonable. Tenants & Owners will start paying later and later if the management company lets them, therefore it is imperative they enforce ALL aspects of the lease. Once they identify a tenant with a trend of delinquencies, they should keep a close eye making sure they either get back on track or deal with the consequences. Remember that a strict collections process is only balanced out by the community association manager quickly responding to owners & tenants’ needs with quality service.

 

What is their current rate of delinquency?

Find out if they run a tight ship or allow things to get out of hand. When is rent due? Is there a grace period, if so how long?  Due on the first day of the month (in hand not postmarked), late on the second day of the month is standard. A grace period that extends to either the 3rd or the 5th is also standard. Keeping it shorter prevents it from getting significantly delayed in the event of a holiday or long weekend.

 

How much is the late fee?

While late fees can generate revenue, their primary function is to get owners & tenants back on track to timely payments as quickly as possible. This community association management fee is typically between five and ten percent of rent, sometimes a small daily fee is added to this as an incentive to catch up ASAP. In theory, the late fees are supposed to reflect the penalty the owner would experience in the event of a late mortgage payment.

 

How do they handle evictions?

How quickly do they usually get repossession of the property when an eviction takes place?  Their process should be well documented, and although the best course of action will vary based on the circumstances, they should be able to explain to you the basic checklist they go through each time. You want to deal with a company that acts quickly, documents their actions, and understands your area’s unique laws for this process. Find a manager who excels at containing and eliminating the problem as quickly as possible. This is basically a small monthly fee that insures that the management company will pay for all attorney and court costs associated with evicting a tenant they placed. It’s not a widely offered service, but it’s a valuable service that speaks to the property management companies confidence in their screening process.

 


 

We have a partnership with  www.NationalEvictions.com A Web based Eviction Information Company helping Landlords, Building Owners, Property Managers, and Real Estate Professionals with the Process of an Eviction in their State. Offering Information on Landlord Tenant Laws, Eviction Process, Articles State Specific, Access to All Forms for Evictions along with Business Forms ( ie: Leases Letters to Tenants, Amendments, and many others) Filing Services for Property Managers and much more…

State of Florida Property Management Association Offers this to the Management Members.

 


The State of Florida Property Management Association has partnered with NationalEvictions.com – Many of our Managers are using them for protections and filing of Evictions in Florida. 

NationalEvictions sets their fees accordingly Managers send them a list of who has not paid rents in the month, Letters, Notices to Quit are prepared and served to Tenants and Renters every month. These Notices for Non Payment of Rents have a set time – Usually 3 days Notice, If the Tenant, Renter does not pay, The Property manager must make the decision to go forward with the Eviction.  As a company being serviced the fees are much lower than calling NationalEvictions for one Eviction.  EX: We change from 300 to 450. per Eviction – When a Management company is under contract we charge our fees at 275.00 We prepare and file the evictions for them ( Clerks fee for payments to file are not included in our fees, ( clerks filing fees plus our fees ) ). Serving the Tenant with Notices are also set lower if we are contracted each month to prepare and serve to the Tenant, rather than calling our office to serve one or two in any month. ( We can charge for each Tenant in any month 35.00 for preperation and service to Tenant) with Managers that usually have about 5-7 Tenants that do not pay, this on the 1st of each month comes to  about 250.00 and we follow up and keep track of each tenant’s Time as per the Notices given.

Its really not a lot of money for the services we provide! We get results, When Tenants see that you are ontop of your rents and management! THEY KNOW YOU MEAN BUSINESS.

Find out more about them on NationalEvictions.com


 

Breakdown of fees for a management company

While Community Association Management fees are important they must be viewed in light of what other firms are charging, the scope of services provided and the quality of those services. The company you hire will be stewarding one of your biggest assets and the last thing you want to do is make your decision based solely (or even primarily) on who charges the lowest fees.A lower price may reflect either an acknowledgment they don’t provide top tier service, or an attempt to gain business by undercutting the competition. The problem with the latter is that it leads to slim margins for the firm which lowers the ceiling on the quantity and quality of service they can provide and still remain profitable. If a firm is under-pricing their services across the board it is possible they may try to make up for it by overloading their managers with as many properties as they can (or can’t) handle.The truth is that price is one of the last things to consider. Not because it is the least important factor, but because you should only think about price, and actually hiring an MC after you have determined that they will provide quality services tailored to your needs. What good are low fees if the management company does a poor job?Other common mistakes are failure to identify all the potential fees for Community Association Management, as well as not making a true ‘apples-to-apples’ comparison of costs between property management companies. A lower management fee could easily be wiped out by a lot of expensive back-end charges and vice versa.Remember that all fees are negotiable, so before you make your final decision, you should try negotiating the best rate possible from the firm whom you think would do the best job.

 

Management fee
There is a significant difference between commercial vs residential property management fees but the average management fee ranges between 4-12% of monthly rent. For a single family home you might expect to pay 10% in rental property management fees. This fee will vary based on the number of properties you need managed, the number of units in each property, the location and condition of the property, and most importantly, what services are included for that fee. (Fees also vary market by market, Other pricing models include flat fees, or a hybrid that sets both a percentage and a flat fee and asks you to pay whichever is lesser/greater. Find out if fees are billed or deducted directly from owner accounts.

 

Vacancy fee
Many management companies don’t require this—if they do, pay close attention. Some management companies charge a monthly vacancy fee ($50) that is prorated when a tenant is landed. Other companies expect to collect the full monthly property management fee even though there is no rent coming in. Make sure that the language in the contract indicates management fees are to be paid out of “Collected rent” or “Rent collected” as opposed to “Scheduled rent” or “Rent due”. Ensuring this language is in place will also protect you from having to pay management fees in the event that a tenant stops paying rent.

 

Set-up fee
This fee is for the time invested in setting-up a new account. It ranges from 0$-300$. Find out if the fee is per unit or per property, and if it makes a difference if the unit is occupied or not.

 

Leasing fee
Leasing fees compensate the manager for the time, effort and cost associated with getting you a new tenant. While this fee is common, some owners are opposed to paying it, preferring that it be padded into the management fee so there is more incentive for the management company to find long term tenants.
In truth, a good management company views the management fee, NOT the leasing fee as the primary profit center. This is why leasing fees as a stand alone service (meaning without other property management services are typically much higher (75-100% of first months rent). A transparent fee structure is laid out in such a way that high tenant turnover hurts, rather than rewards the management company. The only time this is not the case is when the fee is excessive, or there are significant vacancy fees. In the event that you are fortunate enough to have a long term tenant, you will benefit by not having to pay a leasing commission that is padded into the monthly management fee.

 

Advertising fee
There are plenty of ways to generate leads using free resources like signs, craigslist, etc. but with vacancies time is money and prolonging the search process to save a few advertising dollars is a bad idea. This fee could be charged in addition to the leasing fee so it’s important to ask who pays and what the typical fees are. The better they are at marketing the less you will pay, if they have a good strategy and use tools should be around $100 and certainly not more than $200.

 

Lease renewals
Some community association managers charge this fee whenever they have to draw up the paperwork to renew a tenant’s lease. The fee typically ranges from 0-200$. The process doesn’t require a lot of work, so a big fee should be a red flag. You should ask if they require lease renewals or if they allow tenants to go month to month after the initial term is up.

 

Reserve fund fee
These funds are used to pay day-to-day operating expenses, making sure that services are performed promptly and bills are paid in a timely manner. A reserve of $200-$500 is normal for single family properties.

 

Maintenance fees
Will they contact you with an estimate before performing repairs over a pre-defined amount? Is this negotiable?

 

Their policy may be to notify you if an expense exceeds a higher figure like $500-$1,000, but you may want to ask if this can be set lower ($100-$200) starting out and increased over time as you become more comfortable with the property management companies judgment. Additionally, if this notification is waived during “emergencies”, ask that they define what qualifies as an emergency.

 

Do they have their own maintenance/repair crew?
Companies that don’t offer this may portray it as an ethical hazard since the company could overcharge, but so long as you confirm that the billing rate and process is reasonable, it should not be a problem. If managed properly, an in house crew is a benefit that can lead to cost savings and a more streamlined process.

Here are some questions to ask:
What services do they perform?
What is the billing rate? ($30-$40/hr is average.) Does it vary based on the work being done?
Is there a trip charge, or a minimum billing time?
Are they available 24/7/365? Is there an extra fee/higher billing rate if they are called on off hours, weekends, or holidays?

 

For larger remodeling/upgrade projects, do they act as the general contractor overseeing the work that is done? Is there a fee for this?
Do they get at least three independent bids for larger ($500+) projects?
Do they belong to a network to get better repair rates on the work they outsources
Do they charge a “mark-up” fee?

This fee is stacked on top of the final bill for the work performed. Not all firms have this fee; if they do it should come in around 10%.

 

Eviction fee
Fee for serving notices, dealing with attorneys, court appearances, evictions, etc. Hourly rates are typically $25-$50 while a flat fee for the whole eviction process usually comes in between $500-$600 (plus court costs). Find out if they typically use an attorney for evictions and what their billing rate is.

 

Unpaid invoice fee
This is a small service charge (typically 1.5%) that is added each month to all unpaid invoices that are past due.

 

Bill payment fee
Fee for making owner payments such as mortgage, insurance, home owners association dues, etc. Some management firms don’t charge a separate fee, while others don’t even provide this service.

 

Sales commission if property is sold
Some management firms require an exclusive arrangement to broker your properties. If this is their policy, find out the brokerage rate and make sure there is a limited term which will allow you to re-list with another firm if the property does not sell within a reasonable period of time. Also, if the firm requires it, how much would the sales commission be in the event that a tenant ends up wanting to purchase the property they are occupying? This is typically 1-3% but we have seen higher, always make sure to check the contract.

 

Other income
Find out if they will be keeping any portion of the following sources of income:

  • Late fees
  • Returned check fees
  • Pet deposits
  • Lease violation fees
  • Interest on security deposits (may not be applicable depending on state laws) and owner funds held by manager
  • Income from laundry and vending machines

Extra duties fee
Some contracts contain a list of extra services not included in the contract along with the billing rate in the event the owner requests any of them be performed. Check to see if this clause exists, what services are listed, and what the billing rate is.

 

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Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

  • Posted: Jan 04, 2022
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Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

NationalEvictions.com – Website where Managers to Board Members and Property Owners can find the right information on evictions. Every State has some kind of Evictions Process….Find your State and the Laws that you must follow.

 

 

We have helped millions of Landlords, Managers and Property Owners all over the United States

Learning the Eviction Process and your legal rights is the first thing any Landlord should do!

Many Landlords have properties leased to tenants in exchange for monthly rental fees. Some have an effective rental plan; but

What do you do when the Tenants don’t pay the rent? or Break the rules defined in the lease?

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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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With all the Rent, Evictions issues we are facing we thought you should remember the Foreclosure Act of 2009 and the Florida Residential Landlord and Tenant Act. by Kaye Bender Rembaum

With all the Rent, Evictions issues we are facing we thought you should remember the Foreclosure Act of 2009 and the Florida Residential Landlord and Tenant Act. by Kaye Bender Rembaum

  • Posted: Dec 31, 2020
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Protecting Tenants at Foreclosure Act of 2009 – Resurrected and Here to Stay

Posted

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as Protecting Tenants at Foreclosure Act of 2009. It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter time frame provided by state statute.

 


There is help for Landlords and Property managers: You can view the Process of Evictions where you can learn what are the Laws of Evictions in your State

Learn the Eviction Process in the State your Property is Located.

Each State has different things to do in 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.

 


Jeffrey A. Rembaum, Esq., B.C.S.

Jeffrey Rembaum, Esq. is a community association lawyer with the law firm Kaye Bender Rembaum,
in its Palm Beach Gardens office. His law practice consists of representing condominium,
homeowners, and cooperative associations, developers and unit owners throughout Florida.
He can be reached by email at JRembaum@KBRLegal.com or by calling 561-241-4462

https://rembaumsassociationroundup.com/

 

 

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Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

  • Posted: Mar 03, 2020
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The long-running dispute over vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

The plan under consideration this year would require online platforms to collect and remit taxes on the properties that advertise on their sites. The platforms would have to ensure that only properly licensed rentals are advertised and provide the state with specific information about the rentals.

In exchange, regulation would be “preempted” to the state, largely preventing local governments from regulating vacation rentals. Local governments could only regulate the rentals in the same way as other properties in neighborhoods, a restriction that cities and counties strenuously oppose.

Florida law already bans local governments from passing ordinances to outlaw vacation rentals.

Sen. Wilton Simpson, who will take over as Senate president later this year, worked behind the scenes to forge a proposal that garnered support from the advertising platforms, the Florida Realtors and even the Florida Restaurant & Lodging Association, which in the past has strenuously resisted similar measures.

“Next year. That’s what they make next year for,” Simpson, R-Trilby, told The News Service of Florida when asked Monday evening about the measure’s prospects.

Airbnb Florida Policy Director Tom Martinelli said the platform remains hopeful that the issue “will be addressed legislatively to provide the vacation rental industry with uniformity and much-needed stability.”

“We remain hopeful this bill will move through the process to provide the much-needed relief to Florida’s vacation rental property owners and surrounding industry,” Martinelli said in a prepared statement.

 

Vacation rentals have sparked backlash from some homeowners, who complain about raucous parties, parking issues and a steady stream of strangers in neighborhoods. Many of the objections come from coastal regions of the state. Cities and counties also remain firmly opposed to the House and Senate bills.

And Gov. Ron DeSantis has indicated he was not keen on the measure, saying recently he was “leaning against” the legislation.

Diaz pointed to amendments offered by senators Monday that were “counter or interfering with some of the stuff that we’re trying to do.”

 

Tallahassee, FL – A controversial measure dealing with vacation rental properties appears doomed, as time runs out in the 2020 legislative session.

The Senate Rules Committee was scheduled to hear the bill (SB 1128) Monday, but bill sponsor Manny Diaz Jr., R-Hialeah, said the measure was postponed because he lacked the support necessary to get it out of the committee.

The Rules Committee is not scheduled to meet again before the session ends March 13, and even if it does, it appears unlikely that Diaz’s proposal will be on the agenda.

“This is an incredibly complex bill that obviously had been tried for years, and you can see that every stop we’ve made massive changes. We’re still not there with the changes that … we needed to have enough votes. So we’re still working to make sure that all senators are satisfied with that bill,” he said.

Sen. David Simmons, R-Altamonte Springs, sponsored amendments that would have effectively gutted the bill.

“So, it became incredibly convoluted. That’s why we’re holding on to it for now, to try to see if we can work that out,” Diaz said.

Diaz had planned to amend his bill to bring it in line with a House proposal (HB 1011) that is awaiting a House floor vote.

DeSantis told reporters Feb. 24 he had not made up his mind but expressed strong reservations about the effort.

“We have 22 million people almost. We are a very diverse state. For us to be micromanaging vacation rentals, I am not sure that is the right thing to do,” DeSantis said.

“These are things where you’ll have kind of a quiet neighborhood,” DeSantis continued. “Then you will have someone doing this, and there are parties going on and some of the residents get upset. My view would be, probably, that should be determined locally.”

Opponents of the measure had repeatedly complained about “party houses” that wreak havoc in single-family neighborhoods.

But Diaz said he wants to address those concerns.

“Right now, it’s just regroup, have conversations with the stakeholders (and) the senators involved and try to see where we’re at,” he said.

 

 

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