Avoid Fair-Housing Complaints

Governor Ron DeSantis signed HB 621, which protects property rights, provides homeowners remedies against squatting, and increases penalties on squatters.

Tenants who have a bad rental history or a criminal history need a place to live just like everyone else. These characters know they can’t rent from large, well managed apartment communities because they check references. So, who are they looking for? They are looking for a nice, private landlord who thinks he’s is a good judge of character.

The Florida legislature has proposed a number of changes to Florida Landlord/Tenant law. One of them (83.455) is a landlord must provide the tenant 60 notice of termination plus a written explanation for the decision. Another (83.56) is a landlord must have “good cause” to terminate a rental agreement.

Rampant, Increasing Fraud Impacting Rental Housing Costs Curtesy National Multifamily Housing Council - Throughout the country, incidences of rental application, financial and identity fraud are on the rise and fueled by social media. Results from a groundbreaking new survey of rental housing providers have revealed staggering increases of fraud, contributing to both the growth in rents and number of evictions. A vast majority of respondents (70.7%) reported experiencing an increase in fraudulent applications and payments, utilizing fraudulent documentation, financial statements and even identities in the past twelve months. Driven in part by social media platforms such as TikTok and Instagram , the rise in false rental housing applications is exacerbating rental costs, fueling the housing affordability challenges facing communities across the country and undermining the credibility of eviction data. These fraudulent incidents consist of a wide range of wrongdoing, including criminal behavior. One of the most notable findings in the survey was the share of evictions tied to fraudulent applications with respondents reporting that, on average, 23.8% of their eviction filings were linked to fraudulent applications and related failure to pay rent over the past three years. This in turn leads to higher costs for rental housing providers and, ultimately, the renters they house. The average respondent was required to write off nearly $4.2 million in bad debt over the past 12 months. Respondents reported that approximately a quarter (24.5%) of this bad debt, on average, could be attributed to nonpayment of rent due to fraudulent applications. “There has been anecdotal evidence of the rise in fraudulent activity over recent years, but now we have clear evidence of the staggering impact of these crimes on the rental housing market,” said NMHC President Sharon Wilson Géno. “While most renters are honest, those who are not are causing the cost of rental housing to increase for everyone. Additional delays in many jurisdictions in the lease enforcement process, even when there is clear fraud, incentivizes bad actors and means that this illegal behavior costs responsible renters even more. We call on lawmakers and courts to take action that will address this problem.” This new survey of rental housing providers conducted by the National Multifamily Housing Council (NMHC) found that nearly all respondents (93.3%) reported experiencing fraud in the past twelve months. Of those who experienced fraud: 84.3% have seen applicants falsifying or fabricating pay stubs, employment references or other income documentation; 80.0% observed prospective renters misrepresenting information on applications; 70.0% reported identity theft, fraudulent ID documents or use of another individual’s personal information; 67.1% experienced unauthorized cohabitants, illegal subletting or other actions to evade application or the leasing process; and 62.9% of respondents reported the use of fraudulent checks or other payment methods. Respondents who observed an increase in fraudulent applications and payments reported a 40.4% average increase over the past 12 months. Sixty seven percent of those who experienced an increase in fraudulent applications and payments said that this varied by jurisdiction, and many (46.9%) called out Atlanta specifically as a jurisdiction where increases in fraud were most concentrated. Residents and rental housing providers can learn more about avoiding fraud and scams through this Consumer Financial Protection Bureau resource . The NMHC Pulse Survey on Operational Impact of Rental Application Fraud and Bad Debt was conducted from November 15, 2023, to January 9, 2024, and received responses from NMHC and National Apartment Association (NAA) members representing 75 leading apartment owners, developers and managers. The full survey can be found here .

Our eviction business has seen a sizeable increase in the number of squatters moving into empty rental units. The stories are similar. The landlord discovers strangers have taken up residency in their rental home. Naturally, they are angry and worried. Will they become violent? Will they destroy the house? How do I get them out?

Successful landlords know you make money in the rental business when you select your tenant. If you fail to do your due diligence it can cost you thousands.

Rising interest rates, overall inflation, and general fears about the US economy are punishing certain sectors of the market. Those most effected are home buyers and sellers and commercial properties including buyers and sellers and especially commercial landlords.

Landlords are prohibited from requiring tenants to pay rent in excess of what is authorized by HAP contracts. The Landlord may not demand or accept any rent from the tenant in excess of the contracted.

Tenant Screening is without a doubt, one of the most critical steps in the property management process. A thorough and meticulous screening process can mean the difference between a smooth tenancy and a rental nightmare.

Fair Housing: Persons with Disabilities What are Reasonable Accommodations? Source

Your tenant has moved out. While your priority is to clean and paint and get the unit rented, there are a number of things which good business practice suggests -- and some which State law demands.

Your tenant left your rental apartment trashed, damaged and owing you money! Your tenant lied and took advantage of you. He may have skipped or you may have evicted him. In either case, he damaged your rental and cost you money! What do you do?

Bedbugs are small, reddish-brown blood-sucking, wingless insects. Bedbug bites usually clear up without treatment in a week or two. Bedbugs aren't known to spread disease, but they can cause an allergic reaction or a severe skin reaction in some people.

A Warning To Landlords -- Remember Landlords: You have an obligation to inform rental applicants of their rights regarding consumer reports.

Florida statues are very specific regarding your tenant's security deposit. The rules are the same for tenants who move out under good conditions and those who don’t, including eviction.

Nearly every tenant leaves stuff behind when they vacate, most of the time it’s just a big pile of junk. Trash or treasure, the law says it’s not yours and you have an obligation to respect your former tenant’s personal property.

Is the unit abandoned? Can you take possession of the unit and get it ready for the new tenant? Not if you want to follow the law and protect yourself from liability!

The U.S. Department of Housing and Urban Development (HUD) recently announced the publication of guidance clarifying how housing providers can comply with the Fair Housing Act.

Hoarding is a mental disability you may encounter as you work on a property. People who suffer from hoarding are protected under fair housing law and are entitled to reasonable accommodations in the same way people with other mental or physical disabilities are.

Tenant Screening - Why Use a Telephone Script? Benefits: To stay in control of the conversation. This is a business call. Treat it that way. To make sure everything you say is accurate with no hint of any kind of discrimination. To do a little preliminary tenant screening To send a strong signal that you are a good manager and that you will conduct a through background check before renting. To keep the conversation brief but thorough presenting a professional demeanor. Remember: Callers with a track record of broken leases, evictions, criminal history, etc. carefully listen to every word. They are less likely to call you back if they learn you are a good manager and that you will do a through background check including credit history, rental history, criminal history and demand proof of sufficient income. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check.

HUD Guidance note that racial disparities in incarcerations rates will result in certain races, like African Americans, being denied housing more often than other races because of criminal screening policies.

Residential Lead-Based Paint Hazard Reduction Act directs HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Americans with Disabilities Act. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

The Fair Housing Act prohibits discrimination by providers of housing because of, race or color, religion, sex, national origin, familial status, or, disability.