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All Forum Posts by: Melissa Neil

Melissa Neil has started 3 posts and replied 7 times.

Post: Landlord Entry-trespassing? (Florida)

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Thank you. I did respond right away apologizing for any inconvenience I caused her. The project manager did request that I come. If she had said no, I would still have had to go because the project manager requested that I be there. 

We are both women and she had 3 men at the house working on it with her and her daughter present. It's hard to imagine that I was a threat in some way. I do know that she was upset about the bathroom mirror. One of the decisions the manager needed me to make that day was to decide of the original (builders grade) mirror was going back up. It was. She expressed to the manager that she did not like the large mirror and instead wanted two small ones. 

She has been difficult through the repair process which started with a leaking pipe. Mold was present and mold remediation was required. She claims that the mold made her sick but did not report it right away and made it difficult for the trades to fix the issue. It was not black mold and it was safe to be in the home. I believe she is simply trying to build a case against me that I have wronged her in some way. I did offer  to let her out of the lease in lieu of having to live through a lengthy repair. She declined. 

Post: Landlord Entry-trespassing? (Florida)

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Agreed. If she did not want me there she could have said something. This was an open repair ticket though. 

In the past, and definitely the future, all visits no matter how small will be scheduled and documented.

A few years ago , she felt that I was harassing her by checking on the lawn once a month (driving by). I tried to explain that checking up on the property for appropriate maintenance and harassing/stalking are very different. Per the lease, they were to cut, trim, and edge lawn. They were not edging the lawn suddenly. I came by a few times to follow up that it was being done. I didn't even stop at the house, only drove by. She considered it intrusive. I was paying her boyfriend to take care of the lawn (he is not the tenant).  The work simply needed to be monitored for a while. I really meant no harm. 

Post: Landlord Entry-trespassing? (Florida)

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Hi again. 

I posted earlier this month about a tenant that was unhappy with the length of time a bathroom repair was taking and made mention of not paying the rent. 

Now, fast forward, yesterday the renovations were complete and the project manager asked if I would come sign off. I did so. 

The tenant sent a letter today accusing me of trespassing on the property for not asking permission to enter. The project manager, painter and the plumber were also still at the job site. I entered with the project manager, looked over the work and left. 

Florida law does state that pension is needed to enter without cause. The lease states that if a repair has been requested that the landlord may enter without permission. This was an ongoing repair (2 months) and I had not previously entered the residence without notifying the tenant. The tenant was home and did not say anything at the time. I nodded to her on my way out with the project manager. 

Was I wrong to assume that I could enter while the crew was there to inspect the project? Asking permission and giving 12 hours notice seems  impossible to get the work done if that were actually the case. Thankfully, I only had to inspect the final product. 

Any Florida tenant/landlord experts out there? 

Melissa~

Post: Withholding rent in Florida

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Thank you all for the advice. The boyfriend is not on the lease as a tenent (he is approved to live there). 

I will have to wait and see what happens on the 1st. She has said nothing. In Addition, her father is the co-signer of the lease. What steps should I take if they do not pay in full? Registers letter to co signer requesting payment? 

Mel~

Post: Withholding rent in Florida

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Hi there. I am pretty new to property management and have had a run of problems with a specific tenant recently. I am the owner of the property. 

I was notified that there was water damage and mold growth in the master bathroom and kitchen (behind stove).  I had the home inspected within days and started the mold remediation as recommended. Unfortunately, this involved removing the bathroom cabinets and two kitchen cabinets. The remediation has been done for about 4 weeks but the cabinets had to be ordered and built so the job is not quite finished. The kitchen was completed today and while updating the tenants  boyfriend I was asked about reduced rent. He then told me that he would not be paying full tent. This is a 3 BR 2 BR single Family home. They were asked to leave for one night and a hotel was provided (during the remediation) last month and have had use of the kitchen minus two cabinets the entire time. The bathtub and toilet in the master bathroom has always been usable as well. I did explain that these repairs are certainly an inconvenience but not a reason to withhold rent. 

When this began approx 6 weeks ago they were offered a break of the lease without penalty and declined. It was also explained that the process could take some time but would happen as fast as possible. The cabinets having to be built instead of  using stock were the major delay in finishing the work. We are in Florida. Any advice? I feel as is I have done everything that could have been done. The repairs were addressed  right away and they have been updated on the timeline throughout. Still they are not pleased. 

Mel~

Post: Resolution

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

Christopher,

My state (FL) does not require a resolution according to the OA. I just wanted to add another layer of authenticity to the business. It seemed to me that anyone (including myself) could deed a property into the LLC. This does not necessarily mean that the LLC is accepting such a transfer. I did do a little more research and it seems that the deed requires an accepting (or grantee) signature. This would serve my purpose don't you think? Mel~

Post: Resolution

Melissa NeilPosted
  • Zephyrhills, FL
  • Posts 7
  • Votes 0

I am new to the LLC world and will be transferring my first property to the newly formed LLC after acquiring my title insurance. It was recommended that a resolution be documented that the LLC is accepting the property. Does anyone have a specific template that they follow for this? Should the wording be specific?

Mel~