Property Management FAQ’s

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Should I use a property management company to manage my rental property?

Most likely, yes. Professional property management companies that are staffed with experienced real estate brokers and agents should provide you with many benefits in managing your rental property. There are many complicated aspects to managing rental property, not the least of which is liability avoidance and mitigation. The rental business is becoming a more highly-targeted business by attorneys and tenants. Consider hiring a good property management company to help protect your property and finances.

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Can I manage another person’s rental property without a real estate license?

No, pursuant to F.S. 475.01(1), unless you meet the exceptions found under F.S. 475.011.

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How can I best protect myself from allegations of discrimination in renting?

Create a written process and procedure that governs your selection criteria based on lawful discriminatory practices (e.g. rental income, credit score, criminal history, rental history, etc.). Stick to that process and procedure for all applicants.

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Can I be held liable for injuries that a tenant sustains at my rental property during the tenancy?

Yes. As a landlord, you have obligations under F.S. 83.51(1) to maintain the premises under the “warranty of habitability.” Also, if there is a dangerous or hazardous condition that you knew about or should have known about using reasonable inspection efforts, and a tenant is injured for your failure to remedy the defect, you could be held liable for the tenant’s injuries.

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Can I be held liable for injuries of guests or invitees at my rental property?

Yes, because it can be seen as foreseeable that third parties could be injured if you have neglected your landlord obligations to keep the property free from dangerous and hazardous conditions.

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How often should I inspect my rental property?

There is no rule on how many inspections per year you should conduct, but depending on the situation you may need to inspect the premises three times or more each year. There are several factors that should help you determine when and how often inspections are needed. To enforce the lease agreement, inspect periodically so you know whether or not the tenant is in default. As a landlord, you need to conduct reasonable inspections to determine if there are any dangerous or hazardous conditions that need to be remedied.

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