The success of the move-out inspection is directly related to the quality of the move-in inspection. This is why the immediate cursory inspection is so important. Upon hatching, the new fleas will head straight to the cat or dog to reside, thus going unnoticed by the resident. Some lease drafters are under the impression that it is the law or actually beneficial to have the resident present at the move-out inspection, but this is incorrect. The carpet stain may be due to a leak that occurred in the unit that is not reflected on the move-in inspection form.Not seeing any readily apparent damages or trying to avoid a conflict, the resident is answered in the affirmative.
Carefully examine your forms, try to avoid using the combination form, and create a separate move-out inspection form with everything you can possibly think of that could be damaged or chargeable to the resident. Using the same insufficient or incomplete form because it is the one provided by your company is no excuse for not conducting a proper, thorough and accurate move-out inspection. Ideally, the unit was photographed during the move-in inspection, but unfortunately this is not done in many cases. Written documents such as a move-in inspection form often cannot be admitted into evidence in court under evidence rules governing hearsay. A rule of thumb should be that the resident will never be charged for anything that you cannot prove by looking at a photo.
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A photo will not show odors, and flea infestations are difficult to visually prove, but this is no excuse for not using your camera as the ultimate tool of the move-out inspection. A filthy oven and stove that requires hours of cleaning was perfectly acceptable and normal to the resident for some time, or it would not be this way. If possible, set your digital camera to show the date the photos are taken, but be certain that the date is correct. Once the photos are taken and reviewed, they should be saved properly on your computer and backed up, be it an on-site or off-site backup. If you really feel it necessary or are alerted to a potential problem resident ahead of time, take the initiative to have the photos printed out. Use a separate sheet of paper, and do everything it takes to clearly explain the damages you discover. This is crucial in cases when you are charging for odor or fleas. No photos are taken, or if they are, they are often inadequate. Sit down with your maintenance techs to explain your procedures, examine your current procedures, and make sure that your maintenance techs attend the legal classes geared for maintenance techs provided by the local apartment associations.
You are allowed to charge the resident for damages that exceed ordinary wear and tear and missing items. The fact that the 5 year old carpet that your last resident destroyed in 6 months of residency does not relieve you of the necessity of prorating the damage to the carpet, and possibly not being able to charge the resident at all.
A ground floor unit with two children in residence will most likely experience faster carpet wear or damage than the third floor unit with the businessman who is never home. There is no law that requires a unit to have replacement carpet or repainting when a resident moves out. Many of the companies that are members of the local apartment association will keep track of all carpeting for you and give you proration guides. Proving it was the fault or negligence of the resident is often difficult, and your maintenance tech will tell you of many items that routinely break in a unit.
You still must prove that the resident is liable for the charges, and you must have proof that the repair, cleaning or replacement was indeed necessary. The charge should correspond to your cost and the time involved in the repair, cleaning or replacement. Just because a resident agrees to something in a lease agreement or addendum does not mean the lease provision cannot later be challenged. The problem is that the resident who you dislike may also dislike you, and is more apt to dispute a claim upon a security deposit. If you allow yourself or your maintenance tech to get angry or emotionally involved in the move-out process, you are destined to increase the odds of a dispute and potentially expensive litigation. Many managers are famous for documenting the extremely damaged or trashed unit with an excellent number photos and even a video.
You will probably never hear from that person again. Never let your guard down when documenting damages, and treat everyone the same. Conduct the move-out inspection with the move in inspection form as a reference.
In some instances law enforcement is called, and they may or may not prepare a report. Often it is relied upon too heavily as the primary and sole documentation of an incident. Unfortunately, this is not common practice, but it should be. What is relevant is that you are to some extent locking in the resident’s story before the resident may decide to alter the story, go to an attorney, or exaggerate the story later for some gain. At the moment of the occurrence, no attorneys are usually in the picture, and the dishonesty or greed factor has not been elevated or exacerbated. While you may not believe a word the resident is saying, avoid comments or a defensive response at all costs, and just get the resident to fill out the incident report. This only angers the resident, who may or may not be telling the truth. By getting the resident to fill out an incident report, you have a higher chance of the resident either telling the truth or not exaggerating the lie or scam that he may be perpetuating upon your company. Never tell a resident to call the police in this type of instance. Do not scold a resident at this time for not getting renter’s insurance, or indicate that you will or will not be compensating for the loss in any way. It may be through no fault of the apartment community, such as in a case when the upstairs neighbor floods the resident’s bathroom; it could be due to a broken pipe or failed water heater, something your company may or may not be liable for.
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Most leases have clauses which attempt to remove liability for personal property damage from your company, but these attempts to remove liability are not always successful, no matter what the lease may provide or what your regional manager may say. If a resident comes to you complaining about a leak or flood which caused damage to personal property, the first impulse is to tell the resident that she “should have gotten renter’s insurance”.
Your company may have absolutely no intention whatsoever to compensate the resident, but now you have the incident report and the amount of supposed damage documented by the resident, and as in the case of a theft allegation, makes it more difficult for the resident to later change the story and inflate the amount of damages. Now you have a much greater chance of solving the problem or settling without it escalating into a huge damage claim. After a trip to the doctor’s office, the resident wants to be reimbursed for medical bills. Use a property generated incident report for all injuries, damages and incidents b. Have the resident fill out the resident incident report whenever possible d. The property manager has a very important duty to accurately and fairly assess the condition of the unit, compare it with the move-in inspection documentation, and properly charge the resident for damages that exceed ordinary wear and tear.
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The move-out inspection should never be undertaken with the resident present, no matter how much the resident so demands, unless the applicable lease so requires; this is the golden rule. The move-out inspection must be performed by an experienced staff member who not only understands the difference between ordinary wear and tear and damage, but also fully understands how to prorate items, such as the painting and the carpeting in the unit. The security deposit belongs to the resident, and extreme care must be taken when making a claim upon this money. It is not necessary to perform the full move-out inspection at this particular time. It is quite possible, although not common, that this type of damage occurs. If the move-out inspection was not performed for quite a bit of time after the resident vacated, these claims can be made. Get in the unit right away, look around, take your photos and document what you observe. Of course, if you are desirous of turning the unit fast and preparing it for the next resident right away, the full inspection can be performed immediately. There are certain advantages to not performing the full inspection immediately. Your cursory inspection may not detect what will become quite evident a week later after further investigation and inspection. Most cats and dogs, even if kept indoors, have fleas, but sometimes at barely noticeable levels.The fleas will lay their eggs which fall into the carpeting. The cycle of the fleas is interrupted when the dog or cat is removed from the premises. It is imperative that you speak with pest control regarding inspection and treatment, even if you were not made aware by the departing resident of any flea problem and you did not detect fleas in your cursory inspection. Look at the lease agreement as soon as possible, and if this is required, speak with your regional manager about getting your lease revised. If the resident is present, the manager or maintenance tech performing the inspection will be more apt to do the inspection quickly and not as thoroughly as necessary. A common problem occurs when the resident, accompanying the manager during the move-out inspection, asks the manager or maintenance tech if the security deposit will be fully refunded.
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The resident then departs under the distinct impression that the security deposit will be refunded.
You then have to explain to the judge why the resident was told that the security deposit would be refunded when it was not. A move-in inspection form most likely does not have a spot for flea infestation, urine or smoke odor, so you are forced to create a new section if you are using the same form for the move-out inspection. Sit down with your maintenance tech, and look at the form or forms together. A detailed move-out inspection form by your maintenance tech will be extremely helpful in the event of a court action or to prevent a court action, if and only if the maintenance tech is still working for your company. Photos are crucial to avoiding and winning disputes and lawsuits. When you make the charge against the resident, it will often be met with fierce resistance. Often cameras are set up improperly and can cause your photos to be challenged. Not having enough space to fill out a section is no excuse whatsoever for lack of detail. Write down who performed the move-out inspection and names of any witnesses to the unit’s condition. Although it may not be admissible in court, have one of your witnesses write up a short narrative of what was observed. It is crucial to instruct your maintenance tech to never begin the trash removal or repair process until they are certain that documentation of the damage has been obtained. If charging for damages or missing items, some items must be prorated, as you cannot charge a resident the full replacement of something when its normal life expectancy has come close to the end.
You and your maintenance tech need to consult with your carpeting professional and your paint supplier to determine the proper lifespan of each item.
We recommend that the maintenance staff keeps detailed records of each apartment, dates that each room was painted and what paint was in fact used. If broken, the item must have been broken due to the fault or negligence of the resident, other occupants or guests of the resident. The fact that you are using a charge list is not a 100% solution though. This you will accomplish by using your detailed move-out inspection form, notes and photos. It is your nice, friendly resident who has resided in the unit for four years without any problems at all that may be far more apt to dispute a claim you make upon the security deposit. Take photos of all damages for which you are going to charge. The police report is not admissible in court unless the law enforcement officer who wrote the report is in fact in court with you. Never underestimate how a small incident can balloon into something big and unexpected. Sometimes though, the incident report generated by the resident or an occupant will prove even more valuable to you. If possible, we would like to see a resident generated incident report for every possible occurrence, but we know that this is not always feasible. Whether the resident is telling the truth or not is not relevant. The story of the most honest of residents could change once the resident consults with an attorney. A common response to an outrageous allegation is to defend yourself, blame another party or claim that it is not your responsibility. Once in writing by the resident, it becomes more difficult for the resident’s story to change or become exaggerated later when the resident is told in no uncertain terms that you do not plan on paying the resident for the alleged loss. When a resident does not go to the police, that can be later used against the resident, as most residents who are truly victimized by crime would involve the police without being told. It could be damage caused by an outside vendor, such as the landscaper. A common misconception among property managers is that the landlord is not responsible for any damage to a resident’s personal property. Florida law gives the resident an implied warranty of habitability, which could mean that a resident is not to have water from a pipe or water heater that belongs to your company damage the resident’s personal property.
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Your company may decide to compensate the resident based on good will or the recommendation of an attorney.
Tampa FL Real Estate by realtor.com
This home is just 3 doors down from community pool and playground – easy access, no maintenance!
Your master retreat is spacious and complimented by the en suite master bath which has a free standing soaker tub , a large walk in shower and dual walk in closets with built in cabinetry. The first floor is complimented by a beautiful office space , breakfast nook, guest suite with a full bath, and a spacious great room. The chef’s kitchen has been updated with porcelain tile floors, freshly painted cabinets, and a new stainless steel refrigerator, and quartz counter tops. The expansive 75′ lot allows for a rare downstairs master suite w/ a sitting area, 2 walk in closets and a large master bathroom with a soaking tub, walk in shower, and separate vanities with lots of freshly painted cabinets. Both secondary bedroom have walk in closets as well!
The home flows perfectly for large parties or intimate get-togethers with a formal dining room with volume ceilings and an abundance of windows. A large bonus room with surround sound is perfect for family gatherings & movie/game night. The yard has recently been sodded and you will have that luscious green lawn . Kitchen boasts 42″ hard wood cabinets, durable corian counter tops , a kitchen island, and stainless steel appliances. The french doors off the family room lead out to a covered brick porch that connects to the garage and upstairs guest suite. Double door entry greets you and opens to the foyer leading to your formal living room and dining room. The 1st floor includes an additional half bath with pedestal sink and a nice size laundry room with storage availability .
You will absolutely fall in love with this spectacular & spacious great room with seperate dining room, all adored with wood flooring, crown molding, beautiful wall/window trim and wooden staircase details . When you enter the home, you are greeted with a spacious living dining room and an open kitchen. The kitchen offers an eat in counter top , new appliances and plenty of cabinet space. New pool pump installed in 2018, termite warranty in place. The open concept living room has double sliding glass doors with access to the spacious balcony for entertaining and relaxing. Next the ample updated kitchen with gas stove , butcher block countertops & spacious butlers pantry is pleasing to the eye. Beautiful solid wood staircase leads to the second floor, where you will find 3 original bedrooms complete with cedar closets.
The Truth About Palmetto Bugs In Southwest Florida by laruepest.com
The brown-banded cockroach prefers feeding on starchy materials. They prefer to feed on all sorts of decaying matter, making them especially fond of garbage bins. Baits are an effective way of controlling them, but correct placement in cracks and crevices near harborage areas is critical.The saliva, droppings and decomposing bodies of cockroaches contain allergen proteins known to trigger allergies and increase the severity of asthma symptoms, especially in children. I miss frequently when trying to kill them and it usually takes several whacks. I swung around to see who it was, expecting to see my son trying to get my attention. So my question is, can they come up from the tub drains?
The most identifying characteristic of the true palmetto bug is the foul smell it emits when disturbed. Otherwise, we’re sorry to tell you, it’s probably a bacteria carrying, virus spreading cockroach!
Once indoors, you may find them in high moisture places such as sewers and drains. Because they are smaller than many other species, they can more easily hide and evade humans. At least 95% of the populations must be eliminated during initial treatment or they will return. No matter what type, cockroaches pose a serious risk to you and your family. That wasn’t the first time that one climbed up the back of my pants but it was the first to tug on my shirt and then sit on my shoulders – egads!
I started to talk to him and he sat there listening, his antennae twitching like he was listening intently.
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We will never get rid of bugs no matter what exterminator u have. How did they get into the house since they never came in last year and why are they almost dead, yet persistent at the house?
Allergens can also accumulate in your home from cockroach droppings and shed skins, which can trigger asthma attacks, especially in children. I cleaned and it was crawling around in the tub but couldn’t crawl out….so it must have come up from the tub drain right?
These freaking things look like they could carry off a mouse if they wanted to.
Evict by evict.com
If a month-to-month tenancy is created after the lease expiration date, a good argument can be made that all the original tenants are still financially responsible for the ongoing tenancy. If a new lease is entered into with the remaining tenant(s) and/or possibly even additional tenant(s), then a change of parties from the original lease has occurred, and this is not a true “renewal” lease. The landlord should be very clear that the original tenant is gone for good, and that none of that tenant’s personal property is still on the premises. Well, if you own a piece of property and rent it out, you obviously are a landlord. While it may not seem to make any difference, it may to a judge. A tenant can become a landlord by virtue of subleasing to another. If you are in fact the owner of the home, your name would be listed as the landlord, and it should be the name of the entity that owns the home. A problem could occur when a property manager decides to use the name of his property management company as the “landlord”, rather than placing the owner’s name on the lease as the landlord. Other property managers like to do this, as the tenant will know to make the check out to the property management company. Some even do this so that when a tenant vacates and owes money, the money gets paid to the property management company without the owner ever finding out. The owner is the landlord, and you are the agent of the landlord. This way, you clearly state who the owner is and who you are as agent. While moving in, boxes are placed on the counter and electric stove top. The next afternoon, the tenant has the electric put in her name, and it is turned on.It is important that the property manager coordinates the electric issues along with the tenant to avoid confusion, and to avoid situations in which the tenants will stay in a unit where the electricity is on in the owner’s name and fail to put it in their name. Should the electricity be shut off before occupancy?
As a force of habit, the tenant will switch on light switches or turn on knobs and realize that the electricity is off. Frequently, children will play with the stove knobs, and since the electric is off, it will go unnoticed if the knob is left in the “on” position. Upon the tenant having the electricity turned on, disastrous results can occur. This is a sure way to avoid an accidental fire, but could be met with resistance by the tenant who may be insistent upon gaining access immediately. If you choose this route, we recommend that the tenant agrees to this in writing.If possible, place tape over the knobs with a warning that the electric is not on and items should not be placed on the stovetop.
We recommend that you prepare a warning notice right away, and make this a part of your move-in procedures. Often when units are being rehabbed between tenants, workers will put a tarp on the counter or otherwise use the counter and stovetop for flammable items. Now that you know, you have a responsibility to make sure you are never the one at fault. There is at least one person who is 55 or older in at least 80 percent of the occupied units in the complex or community, and the landlord adheres to a policy that demonstrates intent to house persons who are 55 or older. If the complex or housing community satisfies the legal definition housing for older persons, it can legally exclude families with children.
It lets the landlord “off the hook” in regards to families with children, but with no other protected class. This is done so that at the end of the foreclosure, the new owner of the property is able to take possession quickly. The foreclosure is based on the owner’s mortgage or a lien of some sort, such as for failure to pay condo maintenance fees. The owner still fully owns the property until it is sold at a foreclosure sale. The lease will stay in effect until a foreclosure judgment is entered by a judge and the sale occurs. There is absolutely no way of knowing how long it will take. Thus, if the tenant fails to pay rent, you should serve a three day notice. In some cases, a judge may allow the tenant to break the lease based on the theory that the tenant”˜s peaceful enjoyment of the premises has been seriously compromised. Would you rent a home if you thought it may become uninhabitable due to a collapsing roof?
Your fiduciary duty is to the property owner, and helping the tenant without the owner’s permission is a complete violation of that duty.
You never can tell at the beginning of a foreclosure what will eventually occur. Simply tell the tenant that you cannot give any legal advice. The tenant has the court paperwork to read and can consider consulting with an attorney. Do not advise him concerning what he should do in response to the lawsuit.
You cannot give this deposit to the tenant unless the owner specifically authorizes you to do this in writing. Often the owner will demand that you send this money to him. The fact that the owner is in foreclosure has no effect on the duties and responsibilities outlined in your management agreement. A tenant will often say she is doing this, but most of the time, it is not true. Never take it upon yourself to hold the rent money because you feel the owner does not deserve it or you somehow feel the owner is not entitled to it. Although the lease will end as of the day the foreclosure judgment is entered, the tenant will be able to occupy the premises until the day the property is sold at a foreclosure sale. Once the new owner gets a writ of possession, this must be served and executed just like a regular writ of possession in an eviction action. If not, you must carefully look at your management agreement and see if there is any legal way for you to terminate the agreement. A bank cannot legally change the locks on a home before the foreclosure is completed if there is a tenant in the property, but they sometimes will.
You need to investigate your owner before taking on the management of a property. All kinds of situations can arise in a foreclosure so we recommend that you always call your attorney for direction. In either case, is the departing tenant still responsible for lease obligations beyond the original lease term?
- Source – evict.com
- Buyers Reveal What I Wish I Had Known Before Buying My First – realtor.com
- Florida Woods Cockroach Aka Palmetto Bug – laruepest.com
- Buyers Reveal What I Wish I Had Known Before Buying My First – realtor.com
- Source – evict.com
- Luxury At Paradise Palms Vacation S Miles From W Disney – ownerdirect.com
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