VIEWS: 5 PAGES: 6 POSTED ON: 8/10/2011
The Law Offices of Kassebaum & Abelairas, P.A. 2030 Douglas Road –Ste 214 Coral Gables, Florida 33134 William Harvey Kassebaum, Esq. Partner Telephone 305-445-2985 Modesto Abelairas, Esq. Partner Andrew Robinson, Esq. Partner Toll Free (877) 6- Eviction Jenny Pazos, Legal Assistant Facsimile (305) 441-8745 Facsimile (305) 981-8977 HURRICANE ADVISORY To all Realtors and Resident Managers: Please be advised that this office has received many calls concerning the responsibilities of the management companies in the event a hurricane should strike a particular property. In the interest in continuing to provide excellent service to all our clients, I have prepared this notice of responsibilities. Once a hurricane warning is issued for a particular area, it is in the interest of the property to remove all objects which are prone to become missiles. Such objects would include desk chairs, pool equipment, small potted plants, unattached benches and tables, and other such items. Secondly, notices should be prepared to be passed out or posted on every resident’s door concerning the necessity of moving all objects not fixed to the premises from balcony areas or breezeways. These notices should be passed out when a hurricane watch issued. While the property is not liable for acts of God, such as hurricane, it is liable for any objects which are negligently left about the property which could become missiles in hurricane force winds which result in damage or injury. If your property is located in an evacuation area, the notice to residents referred to above should note the designated shelter to which residents would be asked to report. It should also be noted that in the event the property is in an evacuation area, that the residents should stay tuned to local news channels and would remain in the property at their own risk. In the event a hurricane does strike your property and causes substantial damages your duty as landlord is to reduce rent based upon degree of inhabitability of the property in question. If you need more information concerning these matters, please feel free to contact this office at anytime. If substantial does occur to the property, contact this office at anytime. If substantial damage does occur, contact this office rather than signing any contracts with independent adjusters, which shall certainly flock to your property immediately after any disasters such as a hurricane or fire. We at The Law Offices of Kassebaum & Abelairas stand ready as always to assist our clients in any way possible. Sincerely, The Law Offices of Kassebaum & Abelairas 86. William H. Kassebaum, Esq. This firm would like to take this opportunity to review the subject of security deposits. This letter is an overview for the disposition of security deposits when the landlord makes a claim against the deposit. The Notice of Intention to Impose a Claim must have the following language in order to be in compliance with Florida Statutes: “This is a notice of my intention to impose a claim for damages in the amount of $_________ upon your security deposit, due to _____________________. It is sent to you as required by Section 83.49 (3), Florida Statutes. You are hereby notified that you must object in writing to the deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to: ______________________________________________ (Landlords address). If the landlord fails to give the required notice within the 30- day period, he forfeits his right to impose a claim for damages pursuant to Section 83.49 (3) (a) to send notice of his intention to impose a claim by certified and regular mail to the tenant’s last known mailing address. “Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons premises prior to the term in the written lease, or any tenant who vacates or abandons premises which are subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days notice by certified mail to the landlord prior to vacating or abandoning the premises, which shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3) (a).” Section 83.49 (5), Florida Statutes. It is our recommendation that you mail out your notice within 30 days of regaining possession of the unit. A renewal of an existing rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered a new security deposit. Section 83.49 (6), Florida Statutes. In reference to files that are turned over to this office for eviction of non-payment of rent: once the landlord has regained possession of the premises, realtors/management should mail notice to impose a claim immediately. 86. All security deposits disputes are litigated in small claims court. In the event an action is filed and the landlord has not followed procedures, the County Court Judges have been known to grant the return of the security deposit no matter how much damage the landlord has made claim to. Please be advised that if the landlord or the ex-resident institutes an action in court of competent jurisdiction to adjudicate his/her right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney. In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month’s rent, the interest due to the tenant at least once annually. However, no interest shall be due to a tenant who wrongfully terminates his tenancy prior to the end of the rental term. Section 83.49 (5), Florida Statutes. This office would like to recommend that when you have a question regarding security deposits, call for clarification as we encourage phone consultations with Realtors/Managers and even property staff. Thank you for your attention on this matter Sincerely, Bill and Mo The Law Offices of Kassebaum & Abelairas Wm. H. Kassebaum, Esq. Modesto Abelairas, Esq. All of our forms are available online at: www.KandAlaw.com 86. Table of Contents Selected Florida Statutes Page Number Chapter 83 Part 1- Nonresidential Tenancies 1-6 Part II- Residential Tenancies 7-18 Part III- Self Storage Facilities 19-21 Chapter 683 22-25 Chapter 715 26-31 Landlord/Tenant Legal Forms 32 1. Three Day Notice 34 2. Notice of Termination of Month to Month Tenancy (renewal) 36 3. Notice of Termination of Month-to Month Tenancy (Non-renewal) 38 4. Important Notice (for settlement arrangements) 40 5. Important Notice (for possession only) 42 6. Seven Day Notice To Cure 44 7. Sample Seven Day Notice to Cure 45-46 8. Seven Day Notice to Vacate 48 9. Important Notice (eviction for cause) 50 10. Stipulation for Settlement 52-54 11. Renewal Notice 56 12. Renewal Letter as Required by Fl. Stat. 83.575 (31-45 days) 57 13. Renewal Letter as Required by Fl. Stat 83.575 (61-75 days) 58 14. Non Renewal Notice 60 15. Letter Re: Notification of Intention to Impose Claim 61-62 16. Notice to Impose Claim 64 17. Notice of Right to Reclaim Abandoned Property 66 18. Notice of Realtor/manager’s Intent to Enter 68 19. Pest Control Addendum 69 20. Release of Liability and Indemnification for Delivered Packages 70 21. Key Release Form 72 All of our forms are available online at: www.KandAlaw.com 86. 22. Roommate release form 74 23. Waiver of Jury Trial Addendum 76 24. Abandoned Property Agreement 78 25. Important Notice (pending Seven Day Notice to Cure) 80 26. Important Notice (pending Seven Day Notice to Vacate) 82 27. Important Notice (holdover tenant) 84 28. Roommate Addition Addendum 85 29. Hurricane Advisory 86 30. Transfer Addendum 87 31. Lease Extension Addendum 88 32. Month to Month Addendum 89 33. Notice of Demand for Certified Funds 90 34. Rental Concession Addendum (for full month) 91 35. Rental Concession Addendum (for term of lease) 92 36. Stipulation for Settlement (Dade, Palm Beach) 93-95 37. Settlement for Agreement (Former Residents Only!) 96 38. Crime Free Housing Addendum 97 39. Rental History Verification 98 40. Important Notice (Settlement) 100 LANDLORD/TENANT LEGAL FORMS TAX CREDIT, SECTION 8 HUD FORMS 101 41. Sample Notice of Termination Month to Month Tenancy (Need Good Cause) Section 8/HUD 102-103 42. 10-(TEN) Day Notice to Pay or Vacate/Residential Section 8 104 43. Non-Renewal Notice (Tax Credit) 105 44. 15-Day Notice to Pay or Vacate/Residential (Project Based-Section 8) 106 45. 30-Day Notice of Rental Escalation 107 46. Notice of Termination of Tenancy unless Housing Authority accepts Market rate rental proposal 108-109 47. Final Re-Certification Notice (30 Day Notice) 110 48. Second Re-Certification Notice (60 Day Notice) 111 49. Re-Certification Notice (90 Day Notice) 112 All of our forms are available online at: www.KandAlaw.com 86. ARTICLES AND INFORMATION 113 Let’s Start with the Basics (The 3-Day Notice) 114-116 Outline of Eviction Process 117-118 An Overview of the Consumer Credit Reporting Reform Act 119-120 Security Deposits 121-122 Preparing a Seven Day Notice to Cure or Vacate 123-124 Questions and Answer 125-126 Residential Lease Agreement 127-138 Addendum to Lease- Early Termination or Liquidated Damages 139 Notes 140-142 All of our forms are available online at: www.KandAlaw.com 86.
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