July 4th is a comin’ & so are those displaying the US flags

July 4th brings out the patriotism in people including your Tenants. But landlords may not want their property to publicly express their feelings of  patriotism, so what’s a property manager to do? Can you prohibit a Tenant from displaying the US Flag on his rental property? 

It depends. If a tenant wants to display an oversized tattered U.S. flag in a non respectful and harmful manner, then you can stop the tenant from doing so. However, a landlord may not stop a tenant from displaying one U.S. flag, regardless of any provision in the rental agreement dealing with flags or decorations, so long as it meets the following requirements:

Ø    The flag is removable and transportable

Ø    It is made from cloth or plastic

Ø    It is  not larger than 4.5 feet by 6 feet

Ø    The placement does not create any type of hazard or damage to any person or property  

 and of course, displaying the US flag must always be done in a proper and respectful manner.

Also, if the rental is not a single family home but rather an apartment with shared common areas, then the flag may not encroach, infringe or interfere with any other tenant’s right to use a particular area or cover any other tenants rented area.

The good news is that the landlord is not liable for damages caused by a United States flag displayed by a tenant.

SEE THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT” CHAPTER 83 PART II, Statute 83.67 (4) &  83.52(6).

When it comes to managing your single and multi family residential properties, rest easy – Octazon Management has got you covered. Our full-service property management company can handle everything from maintenance and landscaping, to screening potential residents, preparing leases, marketing, advertising and managing your properties online with our advanced technology that allows us to stay connected and maintain transparency with our clients.

With Octazon, rest easy, because we bring order to residential property ownership.

 Call us 888-324-9528 or email us at info@octazon.com today or check us out @ www.octazon.com

“Single Family Residential – REO – Multifamily – Commercial”

Revisions to Residential Florida Landlord Tenant Act – Security Deposits

Well it’s official. HB 77 was signed into Law June 7, 2013. The 20 page bill extensively amended the residential landlord tenant act.

In this Blog, I will highlight one portion of the Bill regarding security deposits.

Acoording to the new revisions to the Florida Landlord Tenant Act, Landlord now needs to provide the Tenant with the following statutory disclosure regarding security deposits. This new statutory disclosure language must be contained in the lease and must have the following specific wording. This new disclosure language is only required for leases entered into after January 1, 2014.

” YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.”

Note: The above disclosure language replaces providing the tenant with a copy of subsection (3) of s. 83.49, F.S. Landlords should take specific notice of the above language which states that a tenant who fails to make a timely objection to a landlord’s claim against a security deposit does not waive any rights to seek damages in a separate action.

When it comes to managing your single and multi family residential properties, rest easy – Octazon Management has got you covered. Our full-service property management company can handle everything from maintenance and landscaping, to screening potential residents, preparing leases, marketing, advertising and managing your properties online with our advanced technology that allows us to stay connected and maintain transparency with our clients.

With Octazon, rest easy, because we bring order to residential property ownership.

Call us 888-324-9528 or email us at info@octazon.com today or check us out @ www.octazon.com “Single Family Residential – REO – Multifamily – Commercial”