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How to protect a Property Management Firm from sexual harassment of a tenant by handyman or staff member

How to protect a Property Management Firm from sexual harassment of a tenant by a handyman or staff member 

The Fair Housing Act prohibits sexual harassment by a property management staff member against a tenant. Staff members who engage in sexual harassment against tenants face civil, and sometimes criminal, penalties.

Ignorance Is No Excuse and it's the responsibility of an owner of a property management firm to enforce sexual harassment rules to eliminate even the thought of any type of sexual harassment against a tenant.

Appalling as it may sound, I recently spoke with a new female tenant that was inherited from another property management firm. When explaining to her that we will need to schedule a home inspection she informed me that the maintenance technician from the previous property management firm was trying to schedule a home inspection and would send text messages laced with 'come on's" One of them read: "How about I schedule the inspection for 3am? Have the mimosas ready!" Inappropriate is far too nice a word for this type of behavior. There are a number of things a property management firm can and should do to protect themselves and to ensure the safety of others that have to do business with the company.

In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:

1. Establish a sexual harassment policy

A. Policy should be to explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.

2. Inform employees of the established policy prohibiting sexual harassment.

A. Post in office and provide copies to all employees.

3. Monitor compliance and respond swiftly when complaints arise.

A. Take action when you hear off-color remarks, if sexually-oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.

4. Employ a gender-diverse employee base.

A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.

5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendos, or touching.

6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create the potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.

7. Do not permit employees to refer to persons of the opposite sex as “honey,” “dear,” “sweetheart,” or other similar expressions.

Common sense would suggest that in cases of legitimate sexual harassment the victim would have notified the landlord long before any lawsuit were filed. One of the first questions a judge would ask is, " When was the first time you brought this concern to your landlord's attention?"

If this scenario should ever happen to you, please call the police and file a complaint. There needs to be a zero-tolerance for this behavior and perpetrators need to be STOPPED!

HomeQwest Realty Group, LLC

 homeqwestrealty@gmail.com   |   O. 239.770.5429     http://www.homeqwest.com 

Description: Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral 

Property Management Companies

Tidbit's with Joseph A. Deluca

YOU MEAN I CAN’T USE THAT ROOM

YOU MEAN I CAN’T USE THAT ROOM

Your owner tells you that one of the bedrooms, closets, shed, storage area, cabinet, or area of the house is not to be used by the resident. You show the home and forget to mention this to the resident. The resident then moves in and does not have access. You get the phone call. Is the resident entitled to have access? Yes. Unless an area, item or personal property of the owner is specifically excluded in the lease agreement, the entire premises can be used by the resident. Always be aware of this, and always ask the owner prior to renting if they intend that anything is off-limits to the resident, or you will have a lawsuit or a dispute on your hands.

by Law Offices Of Heist, Weisse & Wolk P.A

HomeQwest Realty Group, LLC

homeqwestrealty@gmail.com   |   O. 239.770.5429     http://www.homeqwest.com 

Description: Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral 

Property Management Companies

Everything in this 1991 RadioShack ad exists in a single smartphone

Everything in this 1991 RadioShack ad exists in 

a single smartphone 

Gordon Moore, co-founder of Intel, stated that over the history of computing, the number of transistors on circuits doubles approximately every two years. Moore’s Law has held true for over 40 years and successfully predicted our incredible advancement in mobile technology.

HomeQwest Realty Group, LLC

homeqwestrealty@gmail.com   |   O. 239.770.5429     http://www.homeqwest.com 

Description: Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral 

Property Management Companies

Properly Executing Corporate Leases and Guaranty Agreements

Properly Executing Corporate Leases and Guaranty Agreements

by Brian Wolk, Attorney at Law


Your district manager has been pushing you to improve your occupancy percentages. A company

called SKAMR, Inc. signed 14 leases with you three months ago, and you were ecstatic. Life was good, as rent was paid on time until a few weeks ago. You had never heard of SKAMR, Inc., so you required the president of that company to sign a guarantee of lease, and he was agreeable to do so. You just confirmed with the Florida Secretary of State that SKAMR, Inc. does not exist, and you were sickened when your attorney told you that the personal guarantee is worthless because the owner’s corporate title was listed. How could you have prevented this?  Do you have a company policy on corporate leases?

In most cases, property managers receive little or no training on how to deal with a prospective resident or guarantor that is a corporation. The property manager then will either just carry on business as usual, not recognizing the significance of this type of lease transaction, or the property manager will essentially make up rules on how to deal with the prospective corporate resident based on the manager’s common sense. If that happens, the property manager will complicate and jeopardize any future collection or eviction actions. It is crucial that a property manager step back, take a breath, and act in a careful and deliberate manner before executing any guarantee of lease agreement or lease with a corporate entity. Very often, a property manager with the best of intentions, and attempting to increase occupancy at the apartment community, may be blinded by excitement with the possibility of filling numerous apartment homes with a corporate resident. The property manager is an easy target in this situation. The property manager should always keep in mind that the purpose of most corporations is to turn a profit. Accordingly, there are often in-house attorneys or attorneys on retainer who are paid to fully insulate or limit the corporation from liability for any lease obligations. Thus, the property manager better be certain that the lease and guarantee agreements are properly executed, so there is clarity as to who is legally obligated to pay the rent and meet the other lease obligations. To make matters worse, there are applicants who are scam artists, who have no intention of paying rent, and who may even submit fake corporate names that do not exist.

Rent Responsibility

In instances when the corporate entity is signing the lease as the resident, an individual person is not responsible for the rent or any other obligation under the lease. To make this easier to understand, the corporation is treated like a person during the term of the lease and any future collection or eviction proceeding. For example, if the rent is not paid, the property manager would name the corporation as the resident being evicted, and only the corporation’s name would be listed on the eviction paperwork filed with the court.

Is there really a Corporation?

Initially, the property manager must verify that the corporation truly exists, as the full corporate name should accurately be referenced on the lease. Corporate officer information should also be verified, as the property manager also needs to confirm that the person claiming to be a corporate representative has actual authority to do so. The corporate representative with whom you deal may not be an officer, but you can require correspondence written on corporate letterhead signed by an officer that the person with whom you are dealing has the power to bind the corporation. The Florida Secretary of State maintains records concerning corporations, including corporate officer information, and it is usually fairly simple to verify this information online. The corporation may be incorporated in a different state, and the corporate information may need to be verified under that state’s secretary of state website. However, if the corporation is doing business in Florida, it should still register with the Florida Secretary of State. In some cases, we recommend that the property manager obtain the articles of incorporation. Never blindly accept the information provided to you by the corporate contact you are dealing with. It is imperative that the property manager use diligence and verify that the information provided is completely accurate.

Investigating the Corporation

If the corporate entity is bogus, then the apartment community owner’s ability to collect past due rent will be seriously jeopardized, and any eviction process can also be severely compromised since the eviction action would be filed against an entity that does not exist. At that point, you are at the mercy of the presiding judge. Take your time, and do not let the applicant rush you.

The Inactive Corporation

Sometimes a property manager will discover that the exact name of the corporation exists in the records maintained by the Florida Secretary of State. However, it may turn out that the corporation was voluntarily dissolved or was administratively dissolved for failing to pay annual fees to the Secretary of State. The property manager must recognize that a corporate entity that is dissolved has absolutely no power to enter into lease guarantee agreements, residential leases or any other contracts.

Corporate Tenant Lease Execution Procedures

First, the corporate resident’s name that is listed on the lease must be an exact match with the name on file with the Secretary of State. This requirement has no exceptions. For example, if the names do not match up by only one letter, the lease will be drafted incorrectly.

Lease Must Disclose the Actual Names of the Occupants

All properly managed apartment communities obtain criminal background checks on their residents. In truth, many corporate residences are essentially halfway houses or residential drug treatment programs that could indeed place convicted, violent criminals on the grounds of your apartment community if given the chance. When executing a lease with a corporate resident, the actual names of the occupants must be listed, or else the apartment manager will be powerless to verify if those occupants have any criminal history. Also, if the actual names of the occupants are not placed on the lease, the corporation could have a never ending parade of unsavory characters moving in and out of the apartment home, who constantly request that you provide them with keys to the unit or who cause unreasonable disturbances throughout the apartment community.

Corporate Lease Signature Block

It is imperative that the signature block on the corporate lease identify clearly the name of the corporate entity that will be listed as the resident under the lease. Also, the signature block must disclose the name of the corporate representative authorized to sign the lease on behalf of the corporation.

Properly Listing the Corporate Representative on the Lease

It is vital that the corporate representative’s name and complete title be placed on the lease when that representative signs the lease: for example Brian Williams, as Vice-President of OYIL Corporation. In this example, the corporate representative would be the vice-president. The property manager can verify this information by utilizing the Secretary of State website. The property manager must never blindly believe that the person signing the lease has the legal authority to sign the lease on behalf of the corporation. Keep in mind, the corporate representative will have no individual liability and would not be listed on any eviction complaint, as that person signed the lease in a representative capacity on behalf of the corporation.

Negative Fallout from Failing to Properly List the Corporate Representative on the Lease

Under Florida Law, there is a strong presumption that if a lease is signed without the designation of the person signing in a representative capacity, then the person is signing in an individual capacity. For instance, the signature block has Beth Smith and the name of the corporate entity listed, but not Beth Smith’s corporate representative capacity or title. Negative consequence may result. Since the intent of the parties was that the individual would not be liable, a judge would probably prohibit the property manager from holding the individual, Beth Smith, liable for the lease obligations. In addition, because the apartment community drafted the lease incorrectly, the corporation could very well avoid liability for any obligations under the lease. That is truly a horrible result for your company, and your regional manager will be very upset.

Guarantee Agreements Involving Corporate Residents Must Be Properly Executed

Unless the property manager has researched the state of the finances of the corporation and determined that the corporation has a long-standing history of promptly paying its bills, and the property manager believes with complete certainty that the person signing the lease has the authority to sign on behalf of the corporation, it will be safer for the property manager to have an individual sign a guarantee of the lease. The person signing the guarantee would be responsible for all past due rent any other amounts owed under the lease if the corporation defaults on its obligations to the landlord. The guarantee agreement must have a clear and exact written language to that effect. However, if the individual signs the guarantee of the lease agreement and includes any reference to the company or corporate title, then the guarantee may be essentially worthless because it will not be enforced against the individual. This result may occur when there is no clear language demonstrating that the person signing the guarantee of lease agreement intended to be personally liable. Also, if the property manager wishes to include the individual on the lease itself, then the signature block should state the following, for example: “Beth Smith, signing in her individual capacity”.

The Corporation as the Lease Guarantor

In many instances, the property manager due to resident selection criteria will not be able to approve an applicant unless the applicant obtains a guarantor. Very rarely, the guarantor will be a corporation. Therefore, in order to enforce the guarantee agreement against the corporation, all of the rules for proper execution which apply to the lease signing process will also apply when the corporation is guaranteeing the lease. The properly trained property manager must verify that the corporation is in existence, and the guarantee of the lease agreement must list the name of the corporation exactly as it is listed with the Secretary of State, and the person signing the guarantee of the lease must have the authority to do so. Likewise, the signature block must clearly list the name of the corporate representative and the corporate representative’s exact title. Call your attorney if you have questions about this process.

 Law Offices Of Heist, Weisse & Wolk P.A.

HomeQwest Realty Group, LLC

homeqwestrealty@gmail.com   |   O. 239.770.5429     http://www.homeqwest.com 

Description: Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral 

Property Management Companies

ON WHAT DAY TO END THE LEASE

ON WHAT DAY TO END THE LEASE

Most leases end on the last day of a given month, and this is the preferred way it is done.  However, some property managers like to end the lease on an earlier date, either at the request of the resident, to make the lease an even one year, or to give the manager time to prepare the unit for re-rental for a 1st of the month rental. Seems logical, but this approach can cause problems.  If you look at a typical lease, it usually has a requirement that the resident give a certain number of days’ notice to non-renew, or requires a certain number of days’ notice to be given before the end of a lease. If the lease ends on a date prior to the end of the month, this can cause all kinds of confusion. On top of that, if a lease ends on an earlier day of the month, the resident will only need to pay a prorated amount of rent, which again causes confusion with amounts and late fees.  Stick to the end of the month as the date to end a lease, and avoid a lot of headaches and confusion.

by Law Offices Of Heist, Weisse & Wolk P.A.

HomeQwest Realty Group, LLC

 homeqwestrealty@gmail.com   |   O. 239.770.5429  |   http://www.homeqwest.com 

Description: Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral 

Property Management Companies

5 Traits Your Property Manager Must Have

5 Traits Your Property Manager Must Have

1) Tenant Screening

The 80/20 rule of the landlord-tenant relationship dictates that 20 percent of your tenants will be responsible for 80 percent of your grievances and headache.  The added value a good property manager brings to the relationship starts at the very beginning, with a very thorough tenant screening.  Managers have access to the range of services that conduct credit checks, employment verification and criminal checks.  A credit report covers the past seven to ten years and reveals late or delinquent in paying rent or bills, including student or car loans, criminal convictions, lawsuits such as a personal injury claim, and more.  Are there discrepancies between an application and a background check?  What does their current landlord say about them?  Do problems surface when references are checked?  Are there red flags, like tenants who have sued landlords or been evicted?

A good management company has procedures in place that quickly vet prospective tenants and weeds out problems before problem tenants move in.  Ask how tenants are screened and the quality of their tenant population.  What percentage of rents is paid on time?  

2) Reputation

Just as a good management company has a variety of online tools today to check out tenants, the Internet offers a variety of handy tools to find out whether a company has legal or financial problems.

However, take tenant complaints on sites like Yelp with a grain of salt.  A few gripers may not represent the majority of a management company’s tenant population.  Moreover, complaints about rent increases, higher deposits and a no-tolerance policy with regards to late payments may be signs of managers who are taking good care of their owners’ interests.

3) Tenant Marketing

Single Family Tenants Craigslist can be an effective way to find tenants.  However, you’ll sleep more soundly if your management company is sophisticated at tenant marketing, with a variety of proven tools at their disposal.  Good property managers work with large local employers—such as company headquarters, universities, hospitals, and local governments—to provide housing for new hires.  In addition to having a good web site, they know how to use local and national rental sites.  They’re good at social marketing.  They also know that there’s nothing wrong with a good old fashioned yard sign, either.  Be sure you know what tactics your manager may use, because you will pay for them when the time comes.

4) Tenant Retention

How long single family rental tenants stay varies greatly by market and property type.  A national survey of tenants in 2013 found that single family home tenants are 25 percent more likely than apartment tenants to stay in their current homes five years or longer.  One out of four (26%) single-family tenant plans to stay in place five years or more, compared to one out of five apartment dwellers (22%)

Retention clearly will have a major impact on your bottom line.  Even if you should be so lucky as to avoid a vacant month when a tenant leaves, you are going to incur some marketing costs to find a new one.

Review your management company’s retention record carefully.  Are they aggressively marketing to families and older tenants who are more likely to stay longer?  Or are they filling their properties with tenants who last only one or two years?

5) Experience

Property management is a term that covers a wide range of specialties ranging from shopping centers and office buildings to apartment buildings and single-family rentals.  The difference between managing apartments and single-family homes is significant.  Apartments have hundreds of tenants under a single room with common mechanical systems, centralized security, and only a few yards of grass to cut and sidewalks to clear of ice or snow.  The same number of single-family tenants are scattered all over town, each in unique structures with differing maintenance requirements and each with their own lawns and sidewalks.  Apartments have one owner.  The same number of tenants in single-family rentals may have hundreds of owners.

You definitely want a management company with extensive experience in single-family rentals–someone who has systems in place to manage and maintain separate properties, and who knows how to communicate with a large number of owners simultaneously.

The single-family rental boom is only six or seven years old, and in its early years, it was centered in a dozen or so markets.  Outside of those markets, the number of management companies that have experience in single-family rentals are fewer, and most have less experience.  However, there are good companies out there who are ready to serve you.  It is extremely important that you do your own due diligence, and make sure the company you choose is capable of managing your property and handling your needs.

by www.homeunion.com

HomeQwest Realty Group, LLC

homeqwestrealty@gmail.com   |   O. 239.770.5429 |   http://www.homeqwest.com

Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral Property Management Companies

Why Tolerate Late Rental Payments

Why Tolerate Late Rental Payments



ATTENTION LANDLORDS



Are you getting LATE rental disbursements sent to you in the middle or end of the month?



WHY? WHY? WHY?



If you think it's expensive to hire a professional, wait until you hire an amateur



We pay our clients once a tenant check clears in the first week of every month



Choose wisely





Let us prove to you that our worth becomes your worth.



HomeQwest Realty Group, LLC    homeqwestrealty@gmail.com   |   O. 239.770.5429   |   http://www.homeqwest.com





Cape Coral FL Property Management, Annual Rentals Cape Coral FL, Long Term Rentals Cape Coral FL, Homes for Rent Cape Coral Florida, Cape Coral Florida Rentals, Cape Coral Rentals, Cape Coral Property Management Companies



Music by: "Endlich mol richdich" by Feelsaitig

The Beatles - Eleanor Rigby - Instrumental (Strings Only)

Real Estate Briefs - cape-coral-daily-breeze.com | News, sports, community info. - Cape Coral Daily Breeze

Real Estate Briefs - cape-coral-daily-breeze.com | News, sports, community info. - Cape Coral Daily Breeze

Cape Coral FL Property Management

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