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ADVERTISEMENTS |
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Edition:
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FLORIDA
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METRO (DC-MD-VA-NY) |
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HOUSING:
WHAT YOU SHOULD KNOW / MAR 2007 |
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Top 10 Common Landlord Mistakes and Blunders |
By Maria Aguila, Esq.
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When I was working as an attorney
representing tenants, I noticed landlords making the same mistakes
again and again. These mistakes usually, if not always, had costly
and negative effects on their business of renting as well as causing
undue stress and inconvenience for the tenants. In addition, such
mistakes often gave rise to private claims against the landlord or
valid defenses in the eviction process. |
The following list below is simply based on personal
observations as an attorney in the housing industry and is not meant
to be an exhaustive list. I certainly hope it will inspire all
landlords to learn the applicable laws and comply with them as well
as encourage landlords to treat the business of renting housing as a
serious business requiring extensive preparation, education, and the
utmost professionalism.
1. Failure to comply with the Florida Landlord Tenant Act, Chapter
83 Part II of Florida Statutes;
2. Entering the rental property without permission or notice from
tenants ;
3. Failing to impose a claim on the security deposit once a tenant
vacates the unit and then keeping the security deposit;
4. Giving tenants improper notices regarding collection of rent or
regarding curable or non-curable violation of the lease;
5. Not having a written lease agreement or using lease agreements
that fail to outline the basic terms of the lease, such as the
amount of rent, date rental payments are due or length of the lease;
6. Not treating the rental of the property as a business;
7. Having the wrong attitude regarding or excessive pride of the
property, i.e. "It's my property, I can do whatever the hell I want
with my property!";
8. Failing to make repairs and conduct simple maintenance until
either a code enforcement complaint is filed against you or tenant
starts the rent withholding process;
9. Sending tenants notices without opportunity to cure non-material
violations, such as cleanliness, parking issues, noise, etcetera;
and
10. Filing an eviction action prematurely such as filing the action
before the requisite time has passed under the law.
If you find yourself guilty of any of the above, you could find
yourself with a code enforcement report against you, subject to a
costly lawsuit, or wasting funds on a prematurely filed eviction
action. It is highly recommended that you educate yourself by
consulti ng an attorney, finding excellent publications regarding
the rental of housing as a business and seeking out any educational
trainings or seminars about the rental industry.
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1
This is the "mother" of mistakes and most behavior described above
violates this Act.
2 Unless expressly
provided in the lease agreement. For example, your lease may state
that landlords, property managers or repair or maintenance staff may
enter the unit without written notice for scheduled dates and times
or timeframes provided tenants are given a schedule of the dates and
times or timeframes and the entry is for reasonable purposes, such
as scheduled pest control, maintenance, etcetera. Absent any said
provision in the lease agreement, however, Florida Landlord Tenant
Act requires notices be provided to tenants. Consult an attorney for
more information or review Chapter 83, Florida Statutes.
3 Although landlords
and tenants may enter into an oral agreement to rent your property,
it is highly recommended that both parties sign a written lease
agreement outlining all relevant terms and conditions of the lease.
4 For instance, any
one of the described actions above could fall under this category
but it is a recurrent theme. Other examples include failing to have
operating capital, adequate insurance, or mismanaging rental
payments.
5 Assuming, of course,
that the landlord did not send out a notice addressing these issues
initially or landlord did send a notice that failed to comply with
the Florida Landlord Tenant Act. Examples of non-material violations
are provided in the Act.
[Note: As for the tenants, tenants need to also understand that
renting someone else's property obligates them to comply with the
lease agreement and applicable law. Tenants should not rent housing
unless and until they fully understand the consequences should they
fail to comply with the lease and/or applicable law.] |
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MARIA AGUILA
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