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All Forum Posts by: Tim Baldwin

Tim Baldwin has started 1 posts and replied 166 times.

Post: Notice required at end of lease?

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

In Florida, there is no statutory provision governing non-renewal notice except for when the landlord requires the tenant to give notice of intent to vacate, in which case, the landlord has a reciprocal duty. Your state may have a provision on point, but if it does not, then the lease controls. If the lease is silent on the issue, you should give reasonable notice (normally 30-60 days prior to end of lease term). However, if the lease terminates on its own, without need for notice, no additional notice would be required. That said, it is wise to give reasonable notice of you intend not to renew so that if the tenant fails to vacate, you have a more solid action for eviction. Best wishes. 

Post: Good Fees Vs Bad Fees For Property Managers

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

These kinds of fees are increasingly common in Florida. Truth be known, there is little profit in the property management business. Businesses that only charge, say, 8-10% on rent and that don't charge ancillary or per-occasion fees are not making any money on the landlord's property, unless of course they are not hiring any staff to provide full service, in which case, I would stay clear. 

Costs of business has increased dramatically over the past 20 years and liability has increased notably. In Florida, you have to be a licensed RE broker to manage property for property owners, which adds thousands of dollars a year just to stay licensed: state required license fees, CE, insurance, Realtor dues, listing memberships, public-access office, etc.

Additionally, property owners expect much more from PM's than in past years. They want stellar performance on:

1) listing, 2) screening, 3) leasing, 4) inspections, 5) maintenance, 6) lease enforcement, 7) communication, 8) liability mitigation, 9) tenant management, 10) market trends, 11) technology, 12) move-in / move-out process, 13) handling/disposing of tenant property, 14) resolving disputes, 15) vendor relationship and management, etc. 

Thus, the cost of doing business requires and demands that the PM company charge more and various fees just to stay in business--never mind making healthy profit. 

I would add lastly, if you find a PM company that only charges a low commission on rent with no other fees, beware. I know of some (large) PM companies in Florida, and they do a horrible job. Property owners won't know that going into it, but they are lured in by low fees.

The old saying is true: you get what you pay for, not to say that all PM companies that charge "high" will do a good job, but I feel confident in saying that if you are paying very little for services, you will get very little in return.

Best wishes!

Post: Long distance property management

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

There is a distinct advantage of having local management, though with technology it's possible to manage from a distance yourself. You will need resources in place to service the property, especially for tasks that need immediate attention. 

Whether you should rent vacation rental (short term) or long term depends on your goals. "Short term" is higher maintenance, of course, and requires "boots on the ground" on a routine basis. Long term, not as much. 

But if you decide to self-manage, you need to consider (at least):

-management software (rent management, communications, maintenance requests and tracking, etc.)
-reliable "handyman" who can deal with minor repairs (make sure licensed and insured)
-tenant self-inspection app or use third party service for inspections
-vendors to service home functions, e.g. plumbing, electrical, HVAC, etc.
-landlord attorney for legal questions, lease agreement, landlord forms, etc. 

Best wishes!

Post: Prop manager is withholding full years rent

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

In Florida, the answer depends on whether the rent is being held as advanced rent for each month or if the payment is for the entire year. If the payment is "advanced rent", the PM can only release the money as each month accrues. If the payment is for the full year, it can be paid at once. However, I will say, if it is a year payment, it is advisable to hold the year's rent in trust and pull the money out as each month's rent accrues, just in case there is a dispute during the term. There are case examples of this in Florida, but you want to talk to an attorney in your state to get advice. Best wishes.

Post: Difficult Tenant in House Hack

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

Find a good landlord attorney, develop a relationship, and get legal advice. 

Post: Dog situation between tenants

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

In Florida, I would be advising my client to deliver a notice to terminate the tenant with the biting dog based on a non-curable violation and to evict that tenant if they don't vacate in time. I would then advise them to notify the victim tenant that you are enforcing the lease as to the tenant with the biting dog, that you have demanded that they vacate by the date in the notice and that if they don't vacate, you will be filing an eviction to remove them. 

That said, there other practical considerations with the victim tenant in situation, meaning, maybe it's a "lesser evil" decision to allow the victim tenant to terminate early without penalty based on the circumstances. It's an unwanted turnover, but it may be a better decision than enforcing the lease term with an unhappy or scared tenant. Best wishes. 

Post: Finding roommates in Tampa area

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

Some ideas: posting on forums; reach out to your network; college campuses; business relocation sites; and yes, social media :) Use a good screening procedure to weed out unqualified applicants. Best wishes. 

Post: AC broke while contractor removing tile

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

If they were negligent in the performance of their duties, then they owe damages caused as a result. Once the AC company confirms the causation, you should then contact the tile guy and make a demand for payment of the repair bill. If they don't comply, you may need to reach out to an attorney to make a demand. But keep in mind, if you signed an agreement agreeing to hold them harmless and waive liability, then that may be a problem to collect. Best wishes. 

Post: Broker to help PM company

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

In Florida, only licensed brokers (and their associates) can manage property for other owners. Staff members can help manage as well, but are limited in their scope of authority. I don't know what MN provides. I would encourage you to talk to a real estate attorney to make sure you are legal in doing so. Best wishes.

Post: Will you allow sublease?

Tim Baldwin
Posted
  • Attorney
  • Pensacola, FL
  • Posts 169
  • Votes 98

I always advise my clients not to permit subleasing except in limited situations. The main reason to prohibit subleasing is that you lose control over how the property is managed. Yes, you can enforce your lease agreement as to the tenant, but unless you require the sub-tenant to use a specific lease agreement, the tenant could use a lease agreement that does not match the way your lease agreement governs the tenancy. It is also more problematic to enforce the lease terms as to the tenant when the sub-tenant is the one in violation. In short, it adds a layer of complexity to your management of the property. Best wishes.