Bayline September 09.indd - Bay Area Apartment Association

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Q. I have spoken to a resident on several occasions about late parties, loud music, too many guests, and generally too much noise in her apartment during our quiet hours. I have even sent the resident several letters about this unacceptable behavior. In my last letter I told her that her lease would be terminated if the partying and noise didn’t stop. This weekend she had another wild party. Can I send her a 7day notice of non-compliance without opportunity to cure? A. You probably cannot terminate her lease. In cases such as this, we recommend that the resident first be served at least one 7-day notice of noncompliance with opportunity to cure. 10 • September 2009 • Bayline LEGALLY SPEAKING Legal Q&A By Attorney Michael Geo. F. Davis, Law Offices of Heist, Weisse & Davis, P.A. You have made a common mistake. Oral discussions and letters are not a substitute for the 7-day cure notice. Instead of sending letters without any likely, legal significance, had you sent the resident one or more 7-day cure notices, you would be in a good position to terminate the lease. You could show the court that the resident was engaged in an ongoing pattern of behavior for which prior written warnings consistent with Florida law had been given, and that your decision to terminate was not based upon an isolated incident to which you were overreacting. Q. Yesterday morning an applicant filled out an application and paid a holding deposit. We processed it that day, and last night we left several phone messages on the resident’s voice mail that he had been accepted and should contact us immediately. Our application indicates that we may keep the holding deposit if the applicant is notified that the application has been approved but subsequently decides not to enter into the anticipated lease. This morning, in the drop-box, we found a note from the resident indicating that, since he had heard nothing from us, he decided to withdraw his application. He demanded his $200 application deposit be returned. I think he changed his mind and is pretending he doesn’t know he was approved. Can I keep his application deposit? Continued on page 12.
Bayline • September 2009 • 11
Page 1 and 2: EDUCATION • MEETING NOTICE • CA
Page 3 and 4: 6107-B Memorial Highway Tampa, Flor
Page 5 and 6: Bayline • September 2009 • 5
Page 9: Bayline • September 2009 • 9 1
Page 15 and 16: Government Action Update, from page
Page 19 and 20: Need New Signs? From design and man
Page 21 and 22: Commercial Revitalization Specialis
Page 25 and 26: Family Owned & Operated • In Busi
Page 27 and 28: MEETING PHOTOS Bayline • Septembe
Page 29 and 30: Don’t Worry...Be Happy, Happy, Ha
Page 31 and 32: special days. Placing a special ad
Page 33 and 34: Russ Sandlin 2 Days 3 Great Seminar
Page 35 and 36: Designated Striver? Enhance your pr
Page 37 and 38: Russ Sandlin 2 Days 3 Great Seminar
Page 39 and 40: DATE: Thursday, September 17, 2009
Page 41 and 42: HENRY PERAZA - 404-805-3041 DRAKE &
Page 43 and 44: ACCOUNTANTS & CPAs WIRGES & MEEKER
Page 45 and 46: NEWS PUBLICATIONS ST PETE TIMES…
Page 47 and 48: ESTATES OF COUNTRYSIDE, THE 2652 MC
Page 49 and 50: ADVENIR REAL ESTATE MGMT 17501 BISC
Page 51 and 52: More Advertising Value for Your Bot

Bayline September 09.indd - Bay Area Apartment Association

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