All Forum Posts by: Drew Smith

@Theresa Harris

There is a blank section where you can fill in a deadline, in this case the company wrote 60 days. The language is saying if that wasn't filled out then it would automatically be 30. 

Took over new property which was on a different management companies lease. We mailed/ emailed a renewal offer around 73 days prior to the lease ending (we try to send these out 90 days prior but got delayed since we just took it over). The tenant gave us notice 45 days prior to the lease ending that they are planning to vacate. The property owner wants to charge them an extra months rent because they did not give 60 days notice. 

The lease states "This lease contract will automatically renew month-to-month unless either party gives at least 60 days’ written notice of termination or intent to move out as required by this paragraph and paragraph 36. If the number of days isn’t filled in, at least 30 days is required. In the event you fail to provide us with the required number of days' written notice of termination and intent to vacate coinciding with the lease expiration date, as required by this paragraph and paragraph 36, you acknowledge and agree that you will be liable to us for liquidated damages in the sum of $1400.00 (equal to one month’s rent) in accordance with Fla. Stat 83.575 (2). This liquidated damage amount is exclusive  to insufficient notice under this paragraph and paragraph 36, and does not limit collection rights with regard to other amounts potentially owed to us"

My question is can we legally charge the tenant? The statue mentions 15 days prior to the notice period which I believe would be 75 days but we sent out the notice 73 days. Our standard renewal offer didn't state what fees and penalties would be charged either. If we were to charge the tenant but then got the unit rented  before that month is up we would need to refund a prorated amount? 

Tenant was evicted legally, filed for write of possession since tenant was still there, sheriffs office came out and removed the tenant. The property was completely full with all personal belonging. Vendor was scheduled a few days later to remove all items to property line. Called tenant and told them the day it was suppose to moved outside. Vendor said the tenant was there waiting on that day. A few days after the tenant called and said a lot of items we're missing and will be filing a police report and wants to know the names of all vendors who entered.

My questions are will the police really look into/ do anything about this since it was an eviction? Do we have to give the tenant the names of vendors or all people who we're at the unit giving estimates or doing the clean out? It's crazy that the tenant who owes thousands and got 90% of the items back (even after the sheriffs removed them) is complaining still and going to file a report.

Well the first payment of $500 was pulled this morning from my account. They sent me their final decision to remove $100 off the $2200 charges. I have a photo of the missing window screen their claiming because I didn't tell them about it that it doesn't count so that's $100. Their claiming the whole property is not up to their cleanliness standards which includes about 11 things and charging $500. Their claiming the wooden toilet seat was worn and needs to be replaced and charging $100, the last is for 10 walls which they claim have holes, scuff marks, stains and charging $1400.

Now I've requested the move out photos they keep referencing but have not received any and I don't believe they have to provide those, I'm just worried that if I do take to small claims court they'll end up coming up with photos, etc. to be in their favor. At this point I'm not sure what to do or their just trying to wear me down so I pay and move on. 

@Andrew Syrios @Nathan Gesner

Thank you for all the replies they've been helpful. To give an update I've been in contact with the 3rd party company Obligo, which explained the process better but they will be deducting the $2000 from my account within the next few days to reimburse them for what they paid the management company. I've provided the management company everything they've requested (photos, videos) over 12 business days ago and every time I call or email I get told they're investigating the situation. I'm not sure why it takes that long to review everything I sent and give me an actual response. The issue is once I pay Obligo then they aren't in the middle of things anymore. From there if I want the money back the rental company has to be willing to give me a refund directly or I have to take them to small claims court to get my money back. I guess my question is how much longer should I wait until I file for small claims court? I've already filed a complaint with them with the better business bureau and told them I'm willing to file in small claims court a couple days ago. 

@Michele Fischer @Savannah Yingling @Andrew Syrios

Thank you for all the replies it really helps. To explain the situation a bit better the 3rd party company is called Obligo, according to them once they receive the repair estimate from the management company they instantly pay them. Then Obligo comes after me to reimburse them I guess you would say. Regardless of if there is a dispute going on (they say they don't get involved) I think it's crazy how they just pay the management company without requiring photos of the damage first. The company will automatically deduct the money from my account within 10 days or offer payment plans. Seems like to me I get screwed either way and after the 3rd party company gets reimbursed then I have to go fight the management company to try and get money back. I've reached out to a few real estate attorney's in town since I'm not sure what the best route to go would be. 

@Chris Seveney

Thanks for the reply. Not sure if it makes a difference but it looks like the maintenance company that gave the estimate for "repairs" is owned/ associated with the management company. I say that because after some research on division of corporations website both companies have the same address and registered agent name. Not sure if that's allowed but to me that seems sketchy since they can come up with whatever pricing or repairs. 

I was renting a house for 1 year and ended up moving out after my lease was up. Before my lease started the management company offered me a $0 security deposit due to my credit score but I had to go through 3rd party company who offered it and pay them like $50 to opt out which I did. Fast forward a few weeks after I move out I receive a security claim letter along with an estimate from some random rental maintenance company that says "unit turnover". In my mind unit turnover is different then tenant damages. Estimate is excess 1.5K for claiming half the walls and ceiling in the home need to be repainted, every door in the house needs to be cleaned, and other random items.

Firstly I worked in property management in the past so I know the consequences of not returning the property in good condition. This home was brand new construction so of course there will be general wear and tear on certain items, and I have photos of items they claim are damaged or missing within the 1st month of me moving in along with a walk though video I took on my last day there after I spent a few days cleaning everything. I've replied to the email and have sent out a dispute letter through certified mail. Other then that does anyone have other suggestions? Of course I don't want to be taken to collections which is why I'm disputing this. I don't even have a security deposit and the card they have on file is not even active anymore so I assume all the 3rd party company could do is take me to collections which I would fight since these charges seem extreme to me.