Diana Perez, B.S., Realtor®

Looking for a rental property nowadays can be an intense experience, especially when there can be doubts that a rental may be a foreclosure property. But when you are fortunate to rent a property that is a normal rental that you look forward to moving into, another question may rise as to the maintenance of the apartment/home - Wear and Tear.

What is Normal Wear and Tear?

Just as a vehicle has normal wear and tear, e.g., tires, hoses, paint abrasion's, dents, scratches, scuffs, and fabric discoloration, rental properties also have normal wear and tear, such as paint, carpeting, walls, and appliances.

Who is Responsible for Normal Wear and Tear?

It all depends how you confront the situation prior to move-in. Before you move into a rental, make sure that your landlord provides you with a Move-In and Move-Out Inspection List (or, Walk-Through List). If the landlord does not provide you with a Move-In and Move-Out Inspection list, you may demand to document any damages that the rental had prior to moving into your place. This will avoid any fees that the landlord may deduct from you security deposits for damages that were not caused by you but actually by a prior tenant.

Make Sure you Inspect and Document Everything Prior to Move-In Date (Walk-Through)

Just because a rental property has a couple of years of new construction does not mean that everything may be in actual tip top condition although we hope and assume that things are. Same principle goes to a buyer/investor when purchasing a home.

Use your Camera and Take Images

Another way to document wear and tear damages of a rental is to take images. As they say, a picture is worth a thousand words. A camera is also a great tool to have when doing your Move-Out Inspection List as well.

There is Always Room for Negotiations

You may also negotiate fixing or cleaning the apartment with prior damages and have the landlord deduct it from your security money deposit or your rental monthly payments. Remember, make sure it is done in writing and document everything that you did for your time and money. Landlord should rectify any prior damages done to the apartment at their own expense prior to your move-in date. Some landlords are also willing to negotiate so ask, ask, ask!

You can also apply the same principle when doing your Move-Out Inspection List. Some tenants like to paint the rental with their own colors to match furniture or simply to liven up the place but must repaint back to white prior to move-out. Painting may cause you your whole deposit security money depending on how many rooms were painted.

Not all Landlords are out to Get your Money

A responsible and reputable landlord and property manager should supply you with the proper Move-in and Move-Out Inspection List form, ask for it!

Or, you may demand to do your own Move-In and Move-Out Inspection List. If the landlord/property manager refuses to do so then it is time to move-on!

Move-In Move Out Inspection List Source: rentlaw.com

Don't let this week's wet atmosphere give you the blues. Instead, opt for a weekend full of cheerful rhythms from samba to mambo to lift your dancing spirit this weekend at the infamous Hollywood Beach Boardwalk off Hollywood Boulevard and A1A.

Hollywood Boardwalk is best known for its popular beach attracting events such as Ocean Dance, Hollywood Beach Latin Festival, Global Groove, and many more events that are weekly, biweekly and monthly free admission events attracting locals and visitors who truly enjoy what Hollywood Beach has to offer for the entire family.

Brazil on The Beach event starts this Friday, Saturday and Sunday March 20^th through the 22^nd.

For more information please visit hollywoodfl.org or call 954-924-2980 for event hours.

For additional information please visit Brazil on the Beach

It's hard enough to fathom the delinquent acts that have developed into our financial crisis yet the numbers of scams that perpetrators are using are in increasing numbers.

The most recent scam alert from the FDIC dated January 7, 2009 states that there are "E-mail[s] Claiming to Be From The Federal Reserve Bank"

In the last couple of years, Southeast Florida residents have been victimized by door-to-door 'salesmen' claiming to be repairmen or utility workers who prey especially on the elderly. The elderly have victimized in numerous occassions by being robbed out of money and/or services not rendered according to local television news.

There is also a scam alert from the IRS which warns consumers that "...if it sounds to be too good to be true, it probably is", an old cliche that we are mostly familiar with.

The Broward County, Florida website has developed a Consumer Protection web page and has compiled a list of scams and alerts, warning consumers to be on the lookout and to prepare themselves from devious perpetrators who claim to be someone that they are not. The website focuses on key scam issues that perpetrators are using to exploit their victims. The website also gives advice and information on what to do in case you have fallen prey of these malicious acts, emphasizing on how to practice safety precautions on how not to fall prey on the hands of these criminals.

"When economic times are tough, we often see a correlating increase in scams and in the number of people who are trying to take advantage of our citizens", said Florida Attorney General Bill McCollum in Tallahassee, FL on Monday March 2, 2009, in regards to a common [consumer] concern reported to state regulators in 2008. ~FAR News and Events March 4, 2009 - Mortgage and Foreclosure Top List of Floridians' Complaints to Regulators.

Recent Scam Alert Articles:

Scammers Target Troubled Borrowers ~Daily Real Estate News - March 16, 2009

Florida ranks #2 according to a Mortgage Asset Research Institute Study:
Mortgage Fraud Rises As Sales Decline ~DREN March 17, 2009 - The Associated Press

Federal Trade Commision: Rescue Scam Consumer Facts - How Scams Work

Consumer Resources:
National Association of Consumer Advocates (NACA)

USA.gov Consumer Guides and Information

OCC Bank Counterfeit Cashier's Check Alert

The White House - A Proclamation by the President of America Barack Obama
National Consumer Protection Week 2009 - February 27, 2009

For more information on criminal scams and alerts visit your local state, county, or city websites for recent scam activities. Although we cannot stop crimes from occurring and will always exist, we can prevent and outsmart scam artists from making more victims out of innocent ones.

I have a lovely couple who wanted me to show them beachfront condo property. Once we met at the property I noticed that they had a dog. We were having small talk conversation while waiting for the gate keys to enter the premises from the seller. I didn't say much about the dog because we were just going to view a condo unit on the first floor which had the windows open; the unit is a furnished efficiency facing the ocean so there wasn't much time to take to see a one room unit.

Everything was fine until we found ourselves confronted by the property manager telling us not only that we couldn't park in front of the building but that there were no pets allowed on the premises. "Oh, my dog is not just any dog. He is a service dog and I have every right to have him with me", claims the dog owner.

But the property manager insisted that they did not care what type of dog it was, just get out!

The buyers went to their car to show proof that they had indeed the proper document to show that the dog is legal and that it serves the owner for medical emergencies.

We told the property manager that we were only going to be a few minutes to view one unit from the outside. They called security on us and told us to leave the premises because we were harassing them.

I was a bit surprised that the property manager is not even aware of this situation which clearly screams discrimination. I took the property manager to the side and told them what they were doing and they immediately let us in the premises. No more questions asked.

Sometimes people do and say things in their professions unintentionally but not only was the property manager not aware of service dog laws, they were plain out rude!

Rights of an individual with a disability; use of a service animal...

Ever been so busy that when someone calls on your listing you ask for the caller's name, the real estate broker that they work with, and ask for their license number and verify them?

Anyone can call on one of your listings and act as a Realtor - verifying their true identity is one thing; failure to properly identify your caller is another.

According to the Florida Real Estate Commission (FREC), unlicensed real estate activities have its consequences including violating F.S. 455 and subject to disciplinary action from FREC. Both licensed real estate professional and unlicensed person are subject to disciplinary action from the FREC. An unlicensed person imposing as a Realtor may be charged a 3^rd degree felony while a licensed Realtor may be fined for aiding an unlicensed person to practice real estate without a license.

There are large brokerage firms who have an 800 # that when real estate agents call to get showing instructions must give their full identity and their license number to be verified. You must register with these ‘showing' companies before they give you any showing instructions.

If you need to show a listing, whether you are a mortgage broker or are an investor or in any profession alike and posing as a Realtor, do yourself a favor and ask for the licensed listing agent or licensed personal assistant to show you the property. You are better off saving your time by having the Realtor there with you in case you have any questions about the property.

We have enough fraudulent activities with mortgages - Identify yourself just as you are and abolish real estate fraudulent practices.