Diana Perez, BS Realtor® Property Manager Miami Florida

So you get the foreclosure notice that your landlord/owner of the house has defaulted on their mortgage while you have been loyally paying for the rent. The landlord tells you that your rental payments will go directly to the bank or lender if you are lucky. They give you the name of the bank/lending institution, their address, so on and so forth, and so you continue to live in the property and pay your rent as normal and usual.

Next thing you know you forgot to change the a/c filter for the past 4 months and have 4 inch thickness of lint that has clogged up the a/c and now you have a leak that became a puddle somewhere inside the property. The tub or sink is clogged up to the point of no return and now you have to brush your teeth in the kitchen sink or bathe in it, you have a roof leak, your child or spouse accidentally throws an object across the room and broke a window and there happens to be no screen on that window or any of the windows. Who pays for these repairs? Will it be the bank, the owner of the house, or the tenant?

In a normal rental situation, the landlord is liable for making sure that the property is in livable condition, and your roof, plumbing, electrical, and appliances are in working condition. If not, the landlord has the obligation to make repairs within 7 business days of the tenant's written notice. But in a foreclosure, the bank is not responsible for making repairs. Banks are not in the business of managing properties or repairing homes, they are in the business of protecting their assets, and that is to find another buyer to fulfill the mortgage debt and balance.

However, since the owner of the home is still the owner, they are legally liable to make any repairs should they arise while in the process of being in foreclosure. Since the owner of the house was obviously having a hard time paying for the mortgage and therefore in default, large home repairs can be costly and the owner of the house will simply either ignore the request for repairs or tell the tenant to deduct it from the rent or worse.

There are many homes that have been abandoned to the point that once the home has not been met to the rental agreement and repair standards, the home's condition eventually worsens. The owner doesn't care so why should the tenant? The tenant doesn't want to pay for the repair or even bother with it and becomes disillusioned, abandons the property or live their deposit and security or simply lives for free. But why put up with the hassle? Moving on..

In a worst case scenario, the home becomes uninhabitable making the property in worse conditions than before. Although the owner of the house might have had good intentions to make the repairs, they simply could not afford to pay for the repairs, and so the vicious cycle continues.

The property will eventually be tried to be rented or leased out until a buyer comes along but until then, the home continues to deteriorate and become impossible to rent. The property can be rented out for very little money but no one in their right mind will rent a property with a clogged up bathroom sink, or rust on the bare terrazzo floors that once had nice carpet or tile floors, or the mildew refrigerator/freezer that is also present in the closets and walls, even on the carpet, or cobwebs and spiders in all corners.

So before you rent a property, make sure that you understand what the conditions are of the property. Ask if it is a foreclosure property, what the repair conditions are, and most importantly what the lease terms are, especially the deposit and security, which is the attorney handling the property or who is managing the property, and make sure you do a thorough walk-through inspection.

In Florida, it is not illegal to rent a foreclosure property, some of these rentals have a good price and may mean a really good deal for you for the time being, just as long as you are fully aware and well known of the circumstances and facts and that your payments are going directly to the bank/lender/attorney. Not all foreclosure properties will run into these situations but do know your rights before you enter into a rental agreement and/or a lease contract. And not all foreclosure are in such deteriorating conditions but tenant beware before problems may begin to arise that you are fully aware of the possibilities of running into these situations.

Some landlords are willing to compromise if and when the facts are laid out on the table and in black and white, and make the tenant liable to pay an Up-To a certain amount of dollar should an appliance break down, usually around $100, or if the a/c breaks, that's a tough one since it is a major repair and can become expensive, a plumbing job can cost anywhere between $35-$75 just to replace the sink faucet alone, replace a wall with sheet rock, or if there is an electrical problem, and so on. As it is said, Buyer Beware! Tenant Beware!

Resource:

FHA Mortgagees: Please refer to your lender on the Mortgagee Letter 2010-08 HUD FHA Secure.gov for property compliance.

When you think of a Bungalow or hear the word, what type of impression or image comes to your mind first? A small pad, big house? Arts & Crafts, or ultra modern decorating galore?

The History of American Bungalows

Bungalows are a type of housing which roots originate from India in the Province of Bengal and were called Bangla or Bangala or Bengali meaning ‘living in the Bungal style'. Bungalows differ from India and the U.S. as the term in India refers to a single family house which is the norm for City-Style Living.

American Bungalows on the other hand are a space efficient floor plan that ideally has the kitchen, dining, living, and bedroom areas all clustered. But don't let that image fool you into thinking that a cluttered/efficient space is anything other than a plain efficiency apartment or a small studio. Bungalows were a variation of affordable housing type and a movement that swept across America in the late 1800's to the early 1900's which typified from the Arts and Crafts movement and has flourished on to the Bungalow style of today.

Inspired by Nature

The most famous Bungalow project was built in 1908 for David and Mary Gamble of the Proctor & Gamble Company in Pasadena, California by the *Green Brothers who were often credited in building Bungalows that inspired America, but not before the first Bungalow was built in Monument Beach in Cape Cod, Massachusetts in 1879 by William Gibbons Preston.

Jeff Bloomer of Toledo, Ohio whose guest bedroom was on the cover of its summer 2010 issue of the American Bungalow showcases most of the furniture items made exclusively by the man himself which replicates the good old days.

Bungalow Heaven

Pasadena, California is well known for Bungalow Style Living. The National Register of Historic Places named Pasadena, California the Bungalow Heaven. Tina Miller from the Bungalow Heaven Neighborhood Association said in a Channel 7 Eyewitness News in Pasadena, CA that the approval of the majority of the neighborhood got protection of the city and have been able to preserve the wonderful collection of Arts & Crafts era homes from the turn of the century.

Phyllis Harb, a 25 year real estate and mortgage banking veteran with the Los Angeles Suburbs Concierge of Dickson Podley Realtors submitted in the Top Ten Best Home Deals the Vista del Arroyo Bungalows which are listed in The National Register of Historic Places and was given the #1 spot of the Top Ten Best Home Deals for the week of May 18, 2010.

Designed by famed architect Myron Hunt in 1921

Modernized Bungalows - Hotel Boutiques

On a modern style and world, Bungalows are well known in most of today's hotel boutiques which specifically caters to the tourists and of course the locals as well. Some of these hotel boutiques feature bungalows from ocean and garden views to the oceanfront ones. The Delano Hotel in South Beach is one of the most sought after bungalows featuring modern décor from renowned designer Tim Andreas of Banjo with the original vision of Philipe Starck. There are various beach hotels on the southeast Florida coast offering the utmost in Bungalow lifestyles offering Luxury Rentals to the Sale of their Residences.

Unique Housing Style Living

While a Bungalow may have different meanings and housing styles in different parts of the world including America, Bungalow craftsmanship and preservationists rekindle the history and style of the American Bungalow which allow the harmony of the simplicity and artistry of unique styles inspired from the curious novice to the vintage architect and the modern style by modern home design.

Reference and Sources:

The Gamble House Bungalow Video http://www.youtube.com/user/WNEDTV#p/p/A841A736F01161A2/4/Un1derJy54U

Charles Summer Green and Henry Mather Green Virtual Archives

Bungalow Heaven.org - Channel 7 Eyewitness News April 2, 2009 - The 20^th Anniversary Bungalow Heaven Home Tour took place on Sunday on April 26, 2009. abc7.com

Book: American Bungalow Style by Robert Winter

South Beach Florida Bungalows

• Shore Club South Beach Bungalows
• South Beach Plaza Villas Bungalows
• Delano South Beach Bungalows
• The Sagamore Art Hotel features 2 story Partial Ocean and Garden Views to Oceanfront Views
• W South Beach offers a 3 story, 2 bedroom Bungalow with a private rooftop pool plunge and BBQ

Types of Bungalows

Top Ten Best Deals.com

For more information on the purchase of one of Florida's Southeast Coastline Luxury Bungalows, please contact your local Bungalow Residence specialist today.

The First Time Homebuyer Tax Credit has come and gone yet once again and although it is unclear that Congress will approve a similar tax credit for the next half of 2010, Realtors still maintain that the credit has boosted sales and has helped to diminish property inventory.

But not all Americans have an expiration deadline of April 30, 2010. Members of the military, foreign service and intelligence communities may have an additional year to buy a home and claim the home buyer tax credit (up to $8,000) for qualified service members. You must first qualify for the extended tax credit deadline by having served as an official extended duty outside of the United States for 90 days or more at anytime between January 1, 2009 and April 30, 2010. If you do qualify, you have until April 30, 2011 to settle and close on the home.

The First Homebuyer Tax Credit Rule applies to the $8,000 first time homebuyer and $6,500 for the repeat homebuyer. Under the law, those serving in the uniformed services of the United States military, a member of the Foreign Service of the United States or an employee of the intelligence community may qualify. The rule that requires buyers to repay if they move out of their home within 3 years has also been waived for qualified service members if they must sell their home after receiving government orders for extended duty service.

Source: floridarealtors.org News and Events Washington April 28, 2010

What is Lead Based Paint?

Lead based paint is a metal (a.k.a. a well known toxin) and an earth element that occurs naturally.

History tells us that lead was found substantially in lead pipes to carry out water, used by smelters, caused infertility and colic among wine and rum drinkers.

Today, lead based paint is well known in housing units built before 1978. It is when lead is ingested or breathed through paint chips, dust, even water and soil that may cause damage to the nervous system and nerve connections that may cause ill health effects such as weakness, insomnia, tremors, stunt growth, learning disabilities and behavioral problems, cancer, and may even cause death.

Who is At Highest Risk?

Children under six are higher at risk. A child's body absorbs more lead due to the susceptibility of their early development years in their immune system.

"Although fatal lead encephalopathy has disappeared and blood concentrations have decreased in U.S. children, approximately 25% still live in housing with deteriorated lead based paint and are at risk of lead exposure with resulting cognitive impairment and other sequelae". (Michael W. Shannon, MD 2005)

How Does Lead Based Paint Affect Your Home Dwelling?

Lead based paint can be a serious hazard. If you see any cracking, peeling, chipping or chalking in areas such as windows and their sills, doors and their frames, in stairs, stairways, railings, porsches and patios, it is advised that you give it immediate attention.

Getting Ready to Paint, Remodel, or Repair Your Home?

A high exposure to lead based paint also occurs when a home built before 1978 is ready to be remodeled, repainted or repaired. "Over 80% of homes in the U.S. built before 1978 contains lead based paint on the interior and exterior. Lead based paint that is in good condition and managed properly is usually not a hazard. It is when lead based paint is aggravated that the chips dust that is left behind that may cause health risks." EPA - Prevention, Pesticides, and Toxic Substances, Pamphlet 7404

No longer will two guys with a hammer be able to replace a window without having the proper certification and training. The removal and replacement of windows may cause chipping of lead based paint in homes built before 1978 posing a risk for children and anyone in the family, including pregnant and lactating women, even your pet if not done or treated properly. The same goes for painters. Sanding of walls and older paint aggravate airborne dust and create a lead dust atmosphere which in time may lead to health problems.

How To Protect Yourself, Your Home and Your Family

Beginning April 22, 2010, federal law requires that all contractor's be certified and trained to perform any lead based paint work inside the home, from painting to sanding, knocking down walls or placing new wall partitions, to the disturbance of any paint, remodel, and repair projects.

Below is a link to a pamphlet created by the EPA to help you understand and learn how to hire a professional lead contractor.

And speaking of professional lead contractor workers, occupations that have a high risk of lead exposure are from metal workers such as scrap/metal, to battery makers and demolition workers from jewelers, firing ranges, and plumbers, just to name a few.

Lead - Not Just in Paint, Water, and Soil

Lead is also found in many products such as ceramic glazing, and cosmetics. Lead is also used in building construction for external coverings and roofing joints. We are exposed to lead on a daily basis but proper precautions on lead based paint can lead to a healthier family and environment in the home.

The links provided below are a wealth of information on lead based paint, health risks, the EPA, ACS.

Florida Residents
Florida Division of Environmental Health
Childhood Lead Poisoning Prevention Program

Property Managers and Landlord's
Improper handling and work projects that involve lead based paint removal, remodeling, and repair can pose serious fines of up to $37,500 per day. Check with your local government state agency for proper certifications and training and the hiring of a professional lead contractor.

Homeowner's who repaint, repair, or remodel their own home are exempt from the new federal law, including any ‘worker' that is not being compensated for the job. If in doubt, research!

Online Web Sources:
American Academy of Pediatrics (AAP)
Lead Exposure in Children: Prevention, Detection, and Management
Michael W. Shannon, MD 2005

National Center for Healthy Housing (NCHC)
NPR All Things Considered - Home Contractors Brace For Lead Base Paint Rules 4/15/2010
Chris Arnold, NPR News, Boston

American Cancer Society (ACS)

Lead Poisoning, History Excerpt - Wikipedia

The National Institute for Occupational Safety and Health (NIOSH)

Pamphlet: Finding a Qualified Lead Professional For Your Home
Tips For Checking a Contractor's Background and Experience

Related Article From the NY Times Online: April 21, 2010 by Mireya Navarro
"Childhood Lead Poisoning is in Decline, but Proves a Stubborn Nemesis"

Datos Acerca del Plomo En Español