All Forum Posts by: Account Closed
Account Closed has started 1 posts and replied 6 times.
Post: Security Deposit Aftermath
- Clermont, FL
- Posts 6
- Votes 1
Isnt sending billing you "estimated" going to be a problem if the tenant finds out? That sounds like you might have committed fraud. Passing off your estimate as coming from another party is really problematic.
Originally posted by @Linda Weygant:
Except for the 3 year lease, I could have written this post. I had 30 days to get an accounting to the tenant and didn't have one of the invoices from my repair person yet, so I estimated it. After I sent the accounting to the tenant, the actual invoice came in and it's almost $400 higher than what I thought it would be. (Nothing to dispute to the repair person though - the invoice is fair based on the work involved - I forgot his markup on some of the materials is all).
The short story is that my ex-tenant owes a bunch of money and when it comes time for court, I intend to explain this to the judge and ask if I can increase what is owed. If I can, great. If not, I'll deal with it - I should have pressured the repair person for the invoice sooner, so that's a lesson learned there.
So in my case, we'll see. But these rules are specific state to state and sometimes even county to county. Best advice would be to contact a lawyer and ask.
Post: A Smooth Eviction....
- Clermont, FL
- Posts 6
- Votes 1
not so smooth if its contested. It rough when you violate state and federal law and the tenant is one of the 1% of tenants that do know how the laws work and can properly assert rights. The eviction becomes an absolute nightmare. Tenant can even force a landlord to make housing available too and the eviction proceedings end up being essentially 3 cases. Eviction in county court adminstative investigation and then the tenant has 2 years to file after everything is done and generally file in federal court as they are easier to win in federal court for the tenant. In all your not so smooth eviction can go on for 4-5 years
Originally posted by @Linda Weygant:
Evictions by their very definition are not smooth. I've done four so far and they've all been as smooth as can be expected, but I would never label the process as easy or smooth. Best way to get through them:
1. Know your lease so that when tenants ask questions or do stuff during the lease, you are responding appropriately every time. Never contradict verbally what is written into your lease.
2. Know your local and federal laws - again, so that you never say or do anything inadvertently that can be used against you later or as a defense against an eviction.
3. When you show up to court, have all your documents in order - signed copy of the lease, official copies of all notices, verified financial records, etc.
4. When the judge asks for certain proof and documentation, have it ready to hand over. Don't fumble, don't go searching through your file. Know everything about the case ahead of time. If needed, write out a brief summary of events that you can refer to without digging through the file.
Post: Tenant's "Service dog" attacks neighbor's dog
- Clermont, FL
- Posts 6
- Votes 1
I think some of you all need to get an education on the ADA and FHA.
First off FHA does not require the dog to have individual training under the ADA
2nd the tenant does not need to be dependant on the animal, just derive some benifit, and no level of benifit is required just that it "may" provide benifit.
3rd even in cases were the dog can be removed the tenant is required to still be included and can not be evicted.
Fourth just because they havent objected yet doesnt mean that will not later since the statute of limitation is 2 years from last occurance. So say no objection for 23 months then they ask to bring it back that its had more training and are told no the 2 years start over.
Post: Terminating section 8 tenancies
- Clermont, FL
- Posts 6
- Votes 1
Got a situation with a section 8 tenant
Section 8 Leases are required to incorrberate HUD-52641-A as an addendum. Its coming up in trial next month because the lease clause and the addendum clause concerning terminating tenancy have different rrequirement language. Section 8 tenants can only be terminated for good cause per addendum. Lease said automatically terminates on x date unless x, y or z and notice was only 45 days with no cause listed and not given the full 90 days required on tenancy one year and longer on a one year and 9 day lease.
I suspect on trial the tenant prevails.
Thoughts?
Post: LEASE ADDENDUMS? What extras do you add to your lease
- Clermont, FL
- Posts 6
- Votes 1
Got a situation with a section 8 tenant
Section 8 Leases are required to incorrberate HUD-52641-A as an addendum. Its coming up in trial next month because the lease clause and the addendum clause concerning terminating tenancy have different rrequirement language. Section 8 tenants can only be terminated for good cause per addendum. Lease said automatically terminates on x date unless x, y or z and notice was only 45 days with no cause listed and not given the full 90 days required on tenancy one year and longer on a one year and 9 day lease.
I suspect on trial the tenant prevails.
Post: Tenant's "Service dog" attacks neighbor's dog
- Clermont, FL
- Posts 6
- Votes 1
ignore the advice for eviction if the dog was interferred with by the child it may be entirely the childs fault but even if you have cause to remove the dog the tenant still has to be granted access without the dog. Any perceived violation has to be accommodated since it is disability related. Any punitive action could wind you up on the wrong side of a fair housing case. If the child illegally entered you may have to consider allowing it to return as the dog would be allowed to protect its home and is not generally considered an act of aggression but defense.