Results for "Counsel’s Corner"
Counsel's Corner - Maintaining the Property ~ Southern Residential Leasing Owner’s Duty to Maintain Premises Both Florida and Alabama law imposes duties to real property owners to keep up with maintaining the property in compliance with all applicable building, housing, and health codes to ensure a safe and habitable condition for tenants/occupants. To avoid potential liability for personal injury to tenants and other invitees on the proper... Read More
Counsel's Corner ~ Estate Planning For Your Rental Property ~ Southern Residential Leasing When it comes to estate planning for your rental property, there are a few things to consider. First, proper communication can minimize potential delays for the management company. Keep in mind, upon the death of an owner the management company: Has no way of knowing who the surviving family members/heirs are, or Who is legally authorized to act on... Read More
Counsel's Corner ~ Screening Support and Service Animals Landlords are required to comply with the Fair Housing Act (FHA) and the American with Disabilities Act (ADA). One area of the law that causes a lot of confusion is the difference between emotional support animals and service animals. Not to mention, how to comply with the law when an applicant requests an exception be made to an owner’s no-pets policy for an emotional support animal. Fo... Read More
Counsel's Corner ~ Ordinary Wear and Tear ~ Southern Residential Leasing What is “normal or ordinary wear and tear?” Most leases require tenants to return the property to the landlord in the condition it was delivered, excepting only normal or ordinary wear and tear. The question arises - what is (and what is not) “normal wear and tear?” There is no definitive answer, but instead, it will be a case-by-case factual determination. Ord... Read More
Counsel's Corner ~ Small Claims Court SMALL CLAIMS COURT FOR “PAST DUE” RENT Small Claims Court is set up to be simple, informal, and inexpensive and is the most cost-effective way for Owners to pursue a judgment for unpaid rent from tenants who have breached/defaulted under their lease and left with a balance due. Owners can represent themselves in Small Claims Court and do not have to hire a lawyer. To qualify as a small claim the amoun... Read More
Counsel’s Corner – Alabama Law Changes The Alabama Legislature recently passed new laws affecting Alabama landlords. The two most pertinent changes/additions to Alabama law relate to: (a) the notice times required for tenants to cure defaults; and (b) emotional support / service animals. Notice of default and opportunity to cure is now seven (7) BUSINESS days, not calendar days. Effective June 1, 2018, it is a crime under the Ala... Read More