Tanya went to GACAR’s Property Management Committee meeting where Judge Denise Ferrero, Alachua County Court Judge, shared valuable legal insight to common property management problems she encounters.
Common errors committed by property managers when filing an eviction include:
• Paperwork not filled out completely on stipulations
• Improper handling of security deposits
• Tenants withholding rent improperly
• Three day notices need to have rent (you cannot add late fees)
Best Legal Practices for Property Managers
• Calling late fees additional rent in the lease to avoid the late fee issues is not recommended by Judge Ferrero, Alachua County Court Judge
• Accelerated rent clause in lease holds tenants responsible for the entire rent throughout lease duration. It gets amended once the property is re-rented.
• Property managers can handle filing the complaint for eviction for possession but not damages you can then hire an attorney to sue for balance
• Handbooks with a link to the Landlord Tenant Law is recommended to give to tenants
• Since 2000, electronic signatures are legal
• Anytime a property manager seeks additional administrative fees, he needs to show proof of why it cost more
• Leases should have Initials on each page and pages numbered accordingly 1 of 8
• When corresponding about a case with the court, always include a case number