Engaging in proper lease administration can put to the test an unseasoned manager. In my many years in this business I have gained the knowledge and experience to confidently administer any lease regardless of the challenges a property or a tenant may bring.
Lease in HOA or Condominium
If your rental property is within a Condominium or Home Owners Association (HOA) then you have to follow their rules regarding tenancy. I take care of all matters regarding this process and provide the tenant applicant with instructions on how to apply for residency with the HOA or Condominium.
When tenants are in violation of the lease agreement, or any applicable governing body rule or law, I will serve the proper notice so the tenant can correct the violation in a timely manner and prevent reoccurrences. In case of first time violations I also process all courtesy and collection calls.
Surrender Property Voluntarily
Occasionally a tenant will violate the terms of the lease. I follow all legal guidelines to make the tenant comply or I recommend an eviction. I make every effort to avoid evictions by discussing with tenant the benefits of vacating voluntarily vs. the short and long term problems they'll face if they choose the eviction process. Most of the time the tenants understand their position and vacate the property voluntarily.
Evictions are a delicate process in which you have to follow the law to the letter. A little overlooked detail can mean the case may be dismissed and cost you to lose in court. I am not an attorney and this is why I recommend that an attorney handles this delicate process. If owner chooses to involve an attorney, owner is responsible for all eviction costs, including attorney fees.
Beware! Free Eviction Offers
Some property managers offer what they call Free Evictions. This is in most cases an astute marketing bait tactic that you will never benefit from.
This Free Eviction will only be possible if the property manager happens to also be a licensed lawyer, or staff a lawyer, or hire a lawyer out of their own money to represent you in court.
Only a licensed lawyer can represent a landlord in court. The landlord can represent him/herself if the property is not owned through a company.
The only thing your property manager can do is to begin eviction proceedings. Even if the property manager files the paperwork and you choose to defend yourself in court, there is a good chance you or your property manager can miss a small legality that will delay the eviction for several weeks. This could cost you at least double court fees plus the loss of extra rent.
Before you sign a management contract, read in the fine print the extensive exceptions and conditions you have to meet to use this benefit.
Lease Renewals are everything but automated. A lot of detail goes into the renewal process. I oversee that all is done correctly and in a timely manner, at no extra charge!
Lease Renewal and Florida Law
In the state of Florida leases can be a maximum of 1 year, and do not automatically renew. The law requires a new lease to be prepared upon the expiration of the old one. I also prepare this renewal lease, and I am vigilant of the deadlines to provide tenant required notices in anticipation of lease expiration.
Prior to lease expiration I will reassess the property's and tenant's position to determine if the current lease terms needs to be updated. Based mainly on the following factors I will make a recommendation on how to proceed, and handle the re-negotiation for a new lease:
Market Re-Analysis: Reviewing recent comparable rentals in the area will reveal if the current rent rate needs to be updated.
Tenants Performance: I look at past enforcement notices, HOA or Condo complaints, and payment history to assess the tenant performance after almost a year of tenancy.