Attention Realtors Managers Hurricane Advisory Letter by suchenfz


									                                         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

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.


The Law Offices of Kassebaum & Abelairas

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.

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


Bill and Mo

The Law Offices of Kassebaum & Abelairas
Wm. H. Kassebaum, Esq.
Modesto Abelairas, Esq.

All of our forms are available online at:                      

                           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
  21. Key Release Form                                              72

All of our forms are available online at:

 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

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:

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:


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