All Forum Posts by: Tim Baldwin

In general, when the landlord's property causes damage to tenant's property, the landlord is liable, unless there is proof that the cause of the water leak was the tenant (unlikely I presume). The landlord's dwelling policy could provide coverage here. Check the policy. If there is no coverage, the question becomes, what is the value of loss taking into consideration depreciation? Try to come to a settlement of replacement value with the tenant. You may need to consult with an attorney in your state to have a better idea of what the outcome would look ike. 

If the tenant is still there, the remedy is to deliver a 7 day notice to cure. If they fail to turn on power, you can file eviction. Given the situation you've described, you can present an addendum that the power be put in your name with the tenant being responsible to pay utilities as additional rent. Keeping the power on is important for many reasons, but especially in the Summer to keep the house air conditioned. Of course, if you put the power in your name, you cannot turn off the power per F.S. 83.67 even if they don't pay. If they don't pay the utility (as additional rent) you can deliver a 3 day notice to pay, and if they don't pay, file eviction. It's a burden to deal with this situation, but you do have remedies. 

Establish a good relationship with a property management law attorney. You will encounter many legal questions as a landlord. This is a situation where you need to talk to an attorney.

@Isla Arshad,  you've described the experience of many landlords who manage their own properties. Of course, managing your own properties is a good thing (instead of having to spend the money on a manager), but you have to manage your property in a professional manner. That means having procedure and protocol for every situation--or at least, every common situation. 

I would encourage you to speak with property management professionals and a property management attorney to get an idea of what procedures you should have. Also, when it comes to enforcing the lease, use a simpler approach. "Chasing" after a tenant is not good business and will waste a ton of your time. Every state has a landlord-tenant act that requires you to send certain notice to cure for violations. 

You may decide not to deliver a legal notice right away depending on the violation, but when you know you are dealing with a problem tenant, go straight to the legal notice requirements, and if the tenant still doesn't comply, evict. 

Best wishes! 

@Elaine Moy, you are right to use an attorney for your lease agreement. It's the most important document you have as a tool to increase revenue, reduce costs and liabilities, and be able to enforce the way you do business with tenants. Standard lease agreements simply do not cut it. 

I would encourage you to find a real estate attorney who specializes as a landlord attorney and especially property management. I've been practicing law for 20 years, and I can tell you there is a big difference between a "real estate" attorney and one who specializes in property management. The ones who specialize in property management know and understand how the landlord business should be operated and how to draft a lease that helps you tremendously as a landlord. Best wishes!

You may still have to evict anyway if they don't move at the lease expiration. Not unusual. If you don't file, they may never take you seriously and essentially force you to have to file. Why not get that process started?

If your lease agreement prohibits unauthorized occupants, you can deliver to her a 7 day notice to cure. Of course, if she has not paid rent timely, deliver a 3 day notice to pay. Note: if your lease requires a greater notice period than the statute requires, comply with the lease. If you have given her a notice to vacate at the end of the lease term already and she doesn't vacate, she is a holdover, in which case, you can file an eviction. Easy peasy! :) 

You're asking a legal question based on your state's laws. I recommend you talk to a landlord-tenant attorney in your state. If your state is like Florida, you cannot use the deposit whatsoever until you have made a proper claim on the deposit within 30 days of when the tenant vacates upon termination of the lease. If during the tenancy you decide to switch bank accounts to hold the deposit, you must give the tenant notice of where the money is being held within 30 days of moving to the different account. Best wishes. 

I know this statement isn't regarding Maryland, but in Florida, the landlord must deliver written notice of intent to claim monies from the deposit by certified mail to the tenant's last known address within 30 days from the vacate date upon termination of the lease. Each state has similar provisions, so you should look at your state's requirements in this regard. It is a legal question, so I recommend finding a Landord attorney in your state to form a relationship with for such questions. Best wishes. 

 Unfortunately I do not know of a landlord attorney in Georgia. There's got to be some that specialize in this area of law and business practices. But in my experience in Florida, there are very few compared to the many thousands of attorneys here. You may have to dig a little to find the right one. Best wishes!