4. Fair Housing
Most owners don’t understand fair
housing laws and usually request PM’s to
do things that may be illegal.
It’s the PM’s responsibility to understand
the law and follow its requirements.
Comes into play when advertising,
showing properties and making decisions.
At all times you must comply with fair
housing laws.
5. Summary of Acts- 5 Main Acts
Civil Rights Act of 1866- prohibits racial
discrimination;
TitleVII of the Civil Rights Act of 1968
(Fair Housing Act)- prohibits
discrimination based on race, color,
religion, sex and national origin;
Fair Housing Amendments Act of 1988-
expanded FHA coverage to disability and
familial status;
6. Summary of Acts (cont’d)
Florida Fair Housing Act- same as FHA,
affords victim easier remedy by suing in
state court; (Sections 760.20 F.S.)
American Disability Act-prohibits
discrimination on disability by gov’t and
private agencies;
AIDSVictims and Housing-protects
privacy and disclosure of individuals
infected with AIDS and HIV
7. TitleVII of Civil Rights Act of 1968
(FHA)
Persons Covered by the Act:
◦ Anyone who owns 4 or more homes;
◦ Owner of a Multifamily properties (unless
fewer than 4 families, and the owner is one)
◦ Brokers or sales associates who sell more
than 2 homes a year
8. TitleVII of Civil Rights Act of 1968
(FHA)
Not Covered by the Act:
◦ Religious Organizations- may limit the sale,
rental or occupancy to persons of same
religion
◦ Private clubs that provide lodging may limit
the rental of such to its members only;
◦ Only allowed if not for commercial purpose
(trying to make money)
9. TitleVII of Civil Rights Act of 1968
(FHA) Private Owners
Not Covered by the Act:
◦ Owners of a single family house may
discriminate in selection if:
Owner does not have any interest in more then 3
single family houses at any one time;
The property will not be occupied by more then 4
families and one is owner; and
10. TitleVII of Civil Rights Act of 1968
(FHA) Private Owners
Not Covered by the Act:
The house is rented without the use of a real estate
broker or agent.
However if the owner doesn’t live in the house at
the time of the lease, then this exemption only
applies once every 2 years.
Can the owner who lives in one side of the duplex
and rents out the other side legally discriminate
against prospective tenants?
11. TitleVII of Civil Rights Act of 1968
(FHA)
Not Covered by the Act:
◦ Students;
◦ Smokers;
◦ Different Income Status;
◦ Sexual Orientation;
◦ Marital Status;
◦ Age
12. TitleVII of Civil Rights Act of 1968
(FHA)
May be protected under local
ordinances :
Broward, Dade, Palm Beach andTampa-
sexual orientation is a protected class.
◦ Broward-political affiliation is a
protected class.
13. Our concern with the FHA?
This law generally prohibits stating, in any
notice or ad for the rental of a dwelling, a
discriminatory preference based on any of
the following protected categories:
Race or Color
National Origin
Religion
Sex
Familial Status
Handicap / Disability
15. Two Components:
In a situation in which a landlord owns
less than four rental units, and lives in one
of the units, it is legal for the owner to
discriminate in the selection process
but it is illegal for that owner to advertise
or otherwise make a statement
expressing that discriminatory preference.
16. Protected Categories
May differ based on state, federal, county,
city laws. Federal Law:
Race
Color
Religion
National Origin
Handicap/Disability
Familial status.
17. “Race/Color”
No “Blacks” or “whites only” clear violation
Advertisements cannot indicate the racial
makeup of a neighborhood:
“Excellent area with many Hispanic families”-
ClearViolation
Cannot steer tenants into certain areas
based on their description of racial and
ethnic characteristics
Emphasizing drawbacks and hiding the
highlights is an example of steering
18. “Religion”
Cannot show preference or desired
applicant “No Muslims!”
Cannot advertise a “home is near the
catholic church” or “within walking
distance of the JCC”
Near Millennia Mall and “Holy Land
Experience”
Occupants of neighborhood “nice
Christian town”
19. “National Origin”
Steering into a Spanish Area or advertising
for “English SpeakingTenant Only” is a
limitation and illegal
Preferential Ads “No foreigners” or
“Americans Only”
If potential tenant asks about ethnic
characteristics, do not get involved in the
conversation and politely explain the law
does not allow you to discuss that.
20. “Sex”
Advertisements for single family dwellings
or apartments may not describe a
preference or limitation based on sex.
Exception for shared housing units in
which bathroom, common areas are
shared. Can discriminate based on sex.
“Single female roommate wanted”
21. “Handicap”
Definition:
◦ “Physical or Mental impairment that
substantially limits one or more of a
persons major life activities;
◦ A record of such impairment;
◦ Being regarded as having such an
impairment”
22. “Handicap”
FHA prohibits discrimination against a
person with a disability, but also requires
you to make reasonable accommodations
to rules, policies, and practices to provide
that person with the same enjoyment of
the space;
Must also allow the person to make
reasonable physical modifications of the
premises if they are willing to pay for it.
23. “Handicap”
Requires any multifamily home built since
1991 to have basic wheelchair
accessibility.
FHA protection covers not only tenants
with disabilities, but tenants without
disabilities who live or are associated with
individuals with disabilities.
24. “Accommodation”
A change the PM/owner must provide.
Example:Tenant’s request for handicapped
accessible parking space close to the
tenant’s unit
“Reasonable for same enjoyment of
dwelling”
Unreasonable: Redo the asphalt of the
parking lot because of hazards/bumps
25. “Modification”
A change the PM/owner must allow the
tenant to provide at the tenant’s expense.
Example: lowering cabinets and
countertops for accessibility.
Not: tearing down walls for open floor
plan.
26. “Service Animals?”
A number of cases have involved the
Property Manager’s responsibility to allow
service or companion animals for people
with disabilities even if there is a “No Pet”
rule.
27. “Advertisement”
Property Manager’s that advertise “not
wheelchair accessible” violate the law.
However, its okay to advertise that a
residence is “handicapped accessible” or
has a “wheelchair ramp for accessibility”
28. “Familial Status”
Discrimination against families with
children
This protection applies to persons who
have or anticipate having children under
the age of 18.
Before the 1988 amendments 25% of
apartment complexes had a “No
Children” policy, which decreased housing
options for families with children.
29. “Familial Status”
Cannot refuse to deal with families with
children, segregate children in certain
housing units, restrict children activities
with special rules, charge higher security
deposits, restrict families with children to
certain areas of the property, or refuse to
rent to families with children of a certain
age.
30. “Familial Status”
You can set reasonable rules for
maximum occupancy in an apartment
building, but they must be uniform and
cannot single out any tenant.
31. “Familial Status”
Definition: A parent or another person
having legal custody of individual or
individuals, or
The designee of such parent or other
person having such custody, with the
written permission of such parent or
other person.
Pregnant person, or someone about to
adopt a minor.
32. “Familial Status” Housing for Older
Persons
Under federal Fair Housing laws, "housing for
older persons" is exempted from the prohibitions
on "familial status" discrimination.
"Housing for older persons" is defined as either
of the following:
Housing occupied solely by persons 62 years of
age or older; or
Housing in which 80% of the occupied units have
at least one person 55 years of age or older, and
which meet certain other requirements
33. “Familial Status” Housing for Older
Persons
This exemption applies only to familial
status discrimination; discrimination
against all other protected categories,
including disability, is still prohibited in
housing for older persons.
34. “Florida Fair Housing Act”
F.S. Chapter 760
Modeled after the Federal Act, but gives
victims easier remedy by allowing them to
sue in state court instead of Federal
Court
Florida Statutes also prohibit housing
discrimination against persons with HIV
or AIDS.
35. FHA & Advertising
The selective use of advertising can violate
the Fair Housing Act.
Using certain models, languages, or
geographic locations to cater to certain
ethnicities are all violations.
Use of English only in an area where
majority are non-English speakers may be a
violation.
HUD will consider the placement of the
‘Equal Opportunity Logo”
36. FHA & Advertising
Its okay to use words such as:
◦ Santa Claus, Easter Bunny, Valentine’s day,
Christmas, bachelor pad, jogging trails, walking
distance to bus stop, non smoker, sober, wheel
chair ramp, no bicycles allowed, Mother in law
suite (maybe)
37. FHA Filing Process
Individuals have one year to file a
complaint with HUD;
HUD will open an investigations and if
strong facts, will file a formal complaint;
HUD will attempt a conciliation so
parties can resolve;
If after investigation HUD does not find
cause, then they will close the case
38. FHA Filing Process
If they find cause, they will file a charge
the respondent and case will appear
before Administrative Law Judge unless
either party wants to go to Federal
Court.
ALJ will issue a decision and if
discrimination is found, maximum penalty
is $11,000 per violation.
Also actual damages, equitable relief,
attorney fees, etc.
39. Testing
Very common for HUD to send out
different ethnicities to different offices to
see if the agents and offices treated the
ethnicities or race the same way, took
them to the same neighborhoods, showed
same properties, etc.
40. Helpful Websites
National Fair Housing Advocate Online:
www.fairhousing.com
Fair Housing Bookshelf:
www.hud.gov/librabry/bookshelf08/
US Department of Housing and Urban
Development:
www.hud.gov/offices/fheo/index.cfm
41. American Disability Act (ADA)
Prohibits discrimination based on
disability in employment, programs, and
services provided by the state and local
governments; and
Good and services provided by private
companies and commercial facilities.
42. American Disability Act (ADA)
Why is it relevant to you?
As an agent, PM, etc you provide a
“service” and may be liable under this act
if a violation occurs.
43. American Disability Act (ADA)
Disability is defined by the ADA as “a
physical or mental impairment that
substantially limits a major life activity,
such as walking, seeing, hearing, learning,
breathing, caring for oneself or working.”
Administered by the DOJ
44. American Disability Act (ADA)
Does not cover:
Does not cover temporary impairments
such as broken bones, nor sexual or
behavioral disorders.
Does cover persons recovering from
substance abuse, but it does not protect
persons currently engaging in the current
illegal use of controlled substance.
45. American Disability Act (ADA)
Not Protected:
Juvenile offenders or sex offenders are
not protected by the act.
Does not protect an individual with a
disability whose tenancy would constitute
a “direct threat” to the health or safety of
others, or result in damage to property,
unless that can be eliminated by
reasonable accommodation.
46. American Disability Act (ADA)
Construction:
Full compliance with ADA is required for
new construction and alteration.
Existing structures must be made accessible
when that goal is readily achievable.
“Readily Achievable”- the goal can be carried
out without much difficulty or expense.
Additional factors for “readily achievable”
described in detail in ADA regulations.
47. AIDSVictims and Housing
Florida Statutes Chapters 689.25 and 760.50
Cannot reveal that occupant is infected with
HIV or diagnosed with AIDS, not material
fact.
An owner or agent may not be sued for
failure to disclose that a previous tenant was
HIV positive.
Any person with HIV or AIDS is afforded the
same protections as handicapped persons,
including fair housing.
48. Summary
Civil Rights Act of 1866 prohibits discrimination based on
race;
TitleVIII of the Civil Rights Act of 1968 (Fair Housing Act)
prohibits discrimination based on race, color, religion, sex and
national origin;
In 1988 Congress passed the Fair Housing Amendments Act
(FHAA), which expanded FHA to prohibit discriminatory
housing practices based on disability and familial status.
The Florida Fair Housing Act is modeled after the Federal act
and affords victims of discrimination another, perhaps easier
remedy than suing in federal court
49. Summary (cont’d)
The Fair Housing Law applies to persons
who:
◦ Own 4 or more houses;
◦ Any multifamily property, except
properties with four or fewer units
when one is occupied by the owner.
◦ Brokers and sales associates who sell
more than 2 homes a year
50. Summary (cont’d)
The Fair Housing Law does not apply to:
Religious organizations may restrict sales or
rentals of their property to members of their
own organization;
Private clubs may offer lodgings may restrict
the use of the property to only their members
Smokers, students, law income persons, sexual
orientation, marital status, and age.
51. Summary (cont’d)
When Advertising:
Best to describe attributes of the property
and avoid advertising the characteristics of the
neighborhood or likely tenant;
Selective advertisement, such as to certain
geographic areas, or photos with models
showing only one racial, sex, or ethnic
characteristics are violations.
52. Summary (cont’d)
The ADA prohibits:
Discrimination based on disability in employment,
programs, services, provided by the gov’t, and goods
and service provided by private companies, and
commercial facilities;
New construction must fully comply with ADA
guidelines;
Existing structures must be made accessible when that
goal is readily achievable;
Owners may be required to make accommodations to
existing structures, policies, and practices to provide
equal accessibility and to allow tenants to make
reasonable modifications to the premises.
53. Quiz: 1
ProspectiveTenant asks a landlord to
provide a reserved handicapped-
accessible parking space at the entrance
of the building.This is a request for?
54. Quiz: 1 Answer
Accommodation!
Reasonable for same enjoyment of
dwelling.
A change the owner must provide
55. Quiz: 2
Which person or entity is covered by the
FHA?
◦ A religious organization renting its own
property;
◦ An owner of 5 single family homes;
◦ A private club providing lodging at its own
property for a non commercial purpose
◦ A duplex when the owner occupies one of
the units
56. Quiz: 2 Answer
Owner of 5 family homes!
◦ The law applies to persons who own 4 or
more homes.
◦ All others are not covered by FHA
57. Quiz: 3
Which parties are protected under the
ADA:
◦ Homosexuals
◦ Persons who are abusing alcohol
◦ Persons with broken legs
◦ Persons recovering from drug abuse
58. Quiz: 3 Answer
Which parties are protected under the
ADA:
◦ Persons recovering from drug abuse
◦ The law protects persons recovering from
drug abuse, but not persons who are
currently abusing.
59. Quiz: 4
Which one of these is not a violation of
the FHA:
◦ Home is close to the First Baptist Church.
◦ No university Students!
◦ House is not modified for handicapped access.
◦ Hispanic buyers welcome.
60. Quiz: 4 Answer
No University students!
Students are not a protected class.
61. Quiz: 5
Which advertising is a clear violation of
FHA?
◦ Cool bachelor apartment.
◦ Third Floor Walkup.
◦ Apartment for Sober Person.
◦ English speaking Tenant Wanted.
62. Quiz: 5 Answer
◦ English speaking Tenant Wanted.
◦ Discrimination against National Origin: non
English speaking tenants.
64. Evictions
Florida’s Landlord andTenant Statute,
Chapter 83, Part 1 (nonresidential tenancies)
and Part 2 (residential tenancies) governs
the rights and obligations of landlords and
tenants including the legal proceedings by a
landlord to recover possession of property
from a tenant.
We are going to focus on Part 2 (also known
as the Florida Residential Landlord and
Tenant Act).
65. Where to Evict?
In Florida, the county court for the
county in which the property is locate has
exclusive jurisdiction in Landlord and
Tenant possessory proceedings.
Can take approximately 30-45 days
depending on the court.
66. Recovering Possession
Terminating for Nonpayment of Rent
◦ Must serve a three day notice upon the
tenant and this accomplished by mailing or
delivering a true copy thereof (through
personal service or process server) to tenant,
and if the tenant is absent, by posting it on the
door.
67. 3 Day Notice Requirements
The 3 day notice must include:
◦ Notice of amount of rent due;
◦ Address of leased premises, including county;
◦ Demand for payment of rent or possession
within three days from date of delivery of the
Notice;
◦ The date on which compliance is demanded;
◦ And The landlord’s name, address and phone
number.
68. Calculation of Days
Do not count the day of service;
Exclude Saturday, Sundays, and legal
holidays;
Add 5 days of notice if the notice is
mailed, or if a P.O. Box was used for the
address to which rent is paid.
69. 3 Day Notice
The notice should specify the date on
which the demanded rent became due
and the amount of and date of the next
rental payment due;
Late fees, utility charges, and attorney fees
should not be included in the 3 day notice
unless specifically designated as rent in
the written lease.
70. Defective 3 Day Notices
A defective 3 day notice will taint the
entire eviction process. Examples:
Include late fees, attorney fees, and utility
charges when not designated as rent in
the lease;
Payment dates are incorrect; and/or
Does not contain address of the landlord
where rent should be paid
71. Complaint for Removal
Complaint must describe the property in
question, and the alleged facts authorizing
recovery of possession, such as the
service of the 3 day notice, and the
Tenant’s failure to comply with said
Notice.
Copy of the Notice should be attached as
an Exhibit to the Complaint, together
with a copy of the lease agreement.
72. Summons
A summons is used in eviction actions
which requires the tenant to file an
Answer to the complaint within 5
business days of service of the complaint.
This 5 day period is computed excluding
weekends and legal holidays.
This is for possession only. If a money
judgment for unpaid rent is requested, 20
days (including weekend) is given for
response to the money claim.
73. Default Judgment
If theTenant fails to file any response to the Complaint
within the time allowed, the Landlord can apply for a default
by the Clerk by submitting the following items:
Motion for Default and Judgment;
Affidavit as to Tenant's Nonmilitary Status;
Affidavit of Nonpayment of Rent and Retention of
Possession;
Proposed Default Final Judgment for Removal of Tenant;
Copies of the Judgment to be conformed and returned to
Landlord and the defaulting Tenant;
Writ of Possession should be submitted with the Default,
(which will be issued and transmitted to the Sheriff),
together with a check payable to the Sheriff for service fees.
74. Final Judgment
If the Landlord prevails in the eviction, the Court will enter a
judgment awarding possession of the premises to the
Landlord and will direct the Clerk to issue the Writ of
Possession, and the sheriff to serve the same.
The Sheriff is required to give the residential Tenant a
minimum of 24 hours' notice, posted conspicuously on the
premises, prior to removing the Tenant.
The Sheriff is not required to remove theTenant's property
in order to give the Landlord possession.TheWrit of
Possession should list the Landlord's name and phone
number as contact person for the Sheriff.
75. What if the tenant responds?
Answer: Defendant (tenant) must file an
answer within 5 days after service of
process and should include all of their
defenses.
When the defendant answers, a hearing
must then be scheduled.
76. Notice of Hearing
A notice of hearing must be mailed to the
defendant by US mail, stating the date and
time of the hearing.
The hearing is usually set 10-20 days out
and typically the court will set aside 30
minutes.
77. Rent Deposit
Florida Statute 83.60(2)
If the tenant proposes any defense other
then payment, the tenant must pay into
the registry of the court the accrued rent
as alleged in the complaint and the rent
which accrues during the pendency of the
proceedings when due.
78. Rent Deposit
Failure to do so constitutes an absolute
waiver of theTenant’s defenses and the
landlord is entitled to immediate default
without further notice of hearing.
Not all judges will grant the default, some
may want a hearing.
79. Rent Deposit
The statute is silent as to exactly when
the deposit must be made.
Some judges permit the deposit up to the
time of hearing.
The payment of rent into the court
registry does cure tenant’s default, nor
terminate the landlord's right to
terminate the lease, but does protect the
landlord’s right to recover unpaid rent.
80. Judgment
If the landlord prevails in the eviction
action, a Final Judgment will be entered by
the court awarding possession to the
landlord and directing the clerk to issue
the writ of possession, and the Sheriff to
serve the same.
81. Attorney Fees
A court may award attorney’s fees to the
landlord who obtains a judgment for
possession.The judgment will be for
possession, court costs and attorney fees,
but not unpaid rent.
82. Terminating for Other Reasons
F.S. 83.56 governs termination of the
tenancy for noncompliance other then
non payment of rent.
The procedure effecting the landlord’s
rights to terminate depends on the nature
of the noncompliance.
Each begins with service of a 7 day notice.
83. Right to Cure
If the tenant has a right to cure the
noncompliance, pursuant to the lease,
then you have to give the tenant that
right.
Examples: Pets, unauthorized guests,
vehicles, failure to keep property clean,
etc.
84. Right to Cure
The landlord can deliver written notice to
the tenant specifying the noncompliance,
including notice that if not corrected
within 7 days from date of delivery, the LL
shall terminate the lease, and even if
cured, if it happens again within a year, the
lease will be terminated.
85. Noncompliance w/out Right to
Cure
If the noncompliance is such that tenant
should not be given a right to cure,
(destruction of property, misuse of
landlords property, continued and
unreasonable disturbance, )
LL can deliver written notice to the
tenant terminating the rental agreement,
specifying the noncompliance and
providing the tenant with 7 days from the
date of the notice is delivered to vacate.
86. Noncompliance w/out Right to
Cure
Same applies if the noncompliance
constitutes a subsequent or continuing
noncompliance within 12 months of the
first written warning or similar violation.
87. The 7 Day Notice
The notice is served in the same manner
as the 3-day notice, except that the 7 day
notice period does not exclude Saturdays,
Sundays and legal holidays.
The 7 day notice should inform the
tenant of the facts upon which the
landlord relies to support the alleged
noncompliance.
88. The 7 Day Notice
If notice of the noncompliance is based
on more than one violation, then the
notice should list all violations.
Florida Statutes 83.56(2) provides that
the 7 day notice shall be adequate if it is
substantially in the form set forth in the
statute:
89. The 7 Day Notice
You are hereby notified that
______________(cite the noncompliance).
Demand is hereby made that you remedy the
noncompliance within 7 days of receipt of this
notice or your lease shall be deemed terminated
and you shall vacate the premises upon such
termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your
tenancy is subject to termination without your
being given an opportunity to cure the
noncompliance.
90. The 7 Day Notice:TIP
A notice with opportunity to cure should
always contain the statutory language that
if the same conduct or conduct of a
similar nature is repeated within 12
months, the tenancy is subject to
termination without opportunity to cure
the noncompliance.
91. Abandonment of Personal Property
Florida Statute 715.104 deals with
property that has been abandoned after
the lease has been terminated.
92. Notification
First you have to notify the former
tenant(s).
Landlord must give written notice to the
tenant and to any other person the
landlord reasonably believes to be the
owner of the personal property.
93. Notice Form Requirements
F.S. 715.105
The notice shall include:
◦ Name and last known address of former
tenant;
◦ Address of premises, including apartment
number;
◦ Description of the property in a manner
reasonably adequate to permit the owner to
identify it;
94. Notice Form Requirements
◦ Address where the property may be claimed;
◦ The date before which the claim must be paid
(the date specified shall be a date not fewer
than 10 days after the notice is personally
delivered, or if mailed, not fewer than 15 days
after the notice is placed in the mail);
◦ You have to let them know they may be
charged for storage before the property is
returned;
95. Notice Form Requirements
One of the following statements, depending
on the value of the property:
◦ If over $250.00: "If you fail to reclaim the property,
it will be sold at a public sale after notice of the
sale has been published.You have the right to bid
on the property at this sale.After the property is
sold, and the cost of storage, advertising, and sale
are deducted, the remaining money will be paid
over to the County.You may claim the remaining
money at any time within one year after the
County receives the money."
96. Notice Form Requirements
If under $250.00: "Because the property is
believed to be worth less than $250.00, it may
be kept, sold, or destroyed without further
notice if you fail to reclaim it within the time
indicated above.“
If the notice goes to an owner, other than the
former Tenant you have to use substantially the
following form: (F.S. 715.106)
97. Notice Form Requirements
Notice of Right to Reclaim Abandoned Property
To: (Name)
(Address)
When (name of former tenant) vacated the premises at (address of
premises, including room or apartment number, if any) , the following personal
property remained: (insert description of personal property) .
If you own any of this property, you may claim it at (address where
property may be claimed) . Unless you pay the reasonable costs of storage
and advertising, if any, and take possession of the property to which you are
entitled, not later than (insert date not fewer than 10 days after notice is
personally delivered or, if mailed, not fewer than 15 days after notice is
deposited in the mail) , this property may be disposed of pursuant to s.
715.109.
(Insert here the statement required by subsection (2))
Dated: (Signature of landlord)
(Type or print name of landlord)
(Telephone number)
(Address)
98. Storage of Abandoned Property
The personal property described in the
notice either shall be left on the vacated
premises or stored by the Landlord in a safe
place until the Landlord either releases the
property or disposes of the property.
The Landlord shall exercise reasonable care
in storing the property but he is not liable to
the Tenant or any other owner for any loss
unless caused by the Landlord's deliberate
or negligent act.
99. Personal Property TIP
Pursuant to Ch. 83.67(5) F.S., the landlord
is NOT required to comply with notice
requirements for the storage or
disposition of the tenant’s personal
property if the following disclosure is
given to the tenant in the rental
agreement or in a written agreement
separate from the rental agreement.The
disclosure must be substantially in the
following form:
100. Personal Property
BY SIGNING THIS RENTAL AGREEMENT,
THE TENANT AGREES THAT UPON
SURRENDER,ABANDONMENT, OR
RECOVERY OF POSSESSION OF THE
DWELLING UNIT DUE TO THE DEATH OF
THE LAST REMAININGTENANT,AS
PROVIDED BY CHAPTER 83, FLORIDA
STATUTES,THE LANDLORD SHALL NOT
BE LIABLE OR RESPONSIBLE FOR STORAGE
OR DISPOSITION OF THE TENANT’S
PERSONAL PROPERTY.
101. Release of Personal Property
Personal property shall be released by the
Landlord to the formerTenant, or, at the
Landlord's option, to any person
reasonably believed by the Landlord to be
its owner, if suchTenant or other person
pays the reasonable cost of storage and
advertising and takes possession of the
property not later than the date specified
in the notice.
102. Personal Property Sold at a Public
Sale
The Landlord must give notice of the time
and place of the public sale by an
advertisement of the sale published once
a week for two consecutive weeks in a
newspaper of general circulation where
the sale is to be held.
Sale must be held at nearest suitable place
where the property is held or stored.
103. Personal Property Sold at a Public
Sale
Advertisement must include a description
of the goods, the name of the former
Tenant, and the time and place of the sale;
Sale must take place at least ten days after
the first publication;
The last publication shall be at least five
days before the sale is to be held.
104. Terminating Periodic Tenancy
Rental Agreement that do not provide the
duration of tenancy (“month to month”)
The duration is determined by the
periods for which the rent is payable.
(Week to week, month to month, quarter
to quarter, year to year, etc.)
105. Terminating Periodic Tenancy
Must be served the same as aThree-Day
Notice, and:
At least 60 days prior to the end of the
annual period if the tenancy is from year
to year.
At least 30 days prior to the end of any
quarterly period where the tenancy is
from quarter to quarter.
106. Terminating Periodic Tenancy
At least 15 days prior to the end of any
monthly period where the tenancy is
from month to month.
At least 7 days prior to the end of any
weekly period where the tenancy is from
week to week.
107. Terminating Periodic Tenancy:TIP
In all cases, the notice is defective if it just
states 7, 15, 30 or 60 days (whichever
applies) without that period ending at the
end of the periodic term.
A month to month lease which is usually
paid on the 1st of each month cannot be
terminated by giving 15 days notice on
the 20th of the month to be out by the
5th of the next month.
108. Deposits
Governed by Chapter 83.49 of Florida Stat.
Deposit money does not mean just security
deposits.The following also fall under this
chapter:
◦ Damage Deposits
◦ Advance Rent deposits
◦ Pet Deposits
◦ Or any contractual deposit agreed in written or
oral form by the landlord and tenant (Chapters
83.43(11) and (12) and 83.49(1), F.S.
109. Deposits
Upon receipt of the deposit, the landlord
or landlord’s agent shall do one of the
following:
Hold the total amount in a noninterest
bearing account for the benefit of the
tenant (no commingling by the landlord)
Hold the total amount in a separate
interest bearing account in a Florida bank
for the benefit of the tenant.
110. Deposits
Post a surety bond with the clerk of the
circuit court in the county where the
property is located in the amount of the
security deposit, or $50,000 (whichever is
less)
By posting the bond, the funds can be
commingled. Only time.
111. Deposits
Within 30 Days of receipt of the advance
rent or security deposit, the landlord is
required to notify the tenant in writing of
the following:
Manner in which funds are held;
The rate of interest;
The time of interest payments;
The name and address of the bank where
the funds are being held and MUST include a
copy of Chapter 83.49(3), (claims on security
deposits)
112. Deposits-Claims on Security
Under Florida Statute 83.49(3)(a), upon
vacating of the premises upon termination of
the lease, the Landlord shall have 15 days to
return the security deposit, together with
interest if otherwise required, or
In 30 days give Tenant written notice by
Certified Mail to the Tenant's last known
mailing address, of his intention to impose a
claim on the deposit and the reason for
imposing the claim.
113. Deposits-Claims on Security
If the Landlord fails to give the required
notice within the 15-day period, he
forfeits his right to impose a claim upon
the security deposit, even if there is
damage.
114. Deposits-Claims on Security
Unless the Tenant objects to the Landlord's
claim or the amount within 15 days after
receipt of the Landlord's notice of intention
to impose a claim,
Landlord may deduct the amount of his
claim and shall remit the balance of the
deposit to the Tenant within 30 days after
the date of the notice of intention to impose
a claim for damages.
115. Deposits-Claims on Security
Unless Lease states differently, any tenant
who vacates or abandons the property
prior to the expiration of the lease, shall
give at lease 7 days written notice by
certified mail or personal delivery to the
landlord before vacating or abandoning
the premises, and said notice must include
the address where theTenant may be
reached. Otherwise…
116. Deposits-Claims on Security
Landlord is relieved of the notice
requirement for claim on security deposit.
However, this does not waive any right
theTenant may have to the security
deposit or any part of it.
