Legal or Not

Multifamily Legal Expert Brian Wolk  from the Law Offices of Heist, Weisse and Wolk answers questions about a variety of topics including security deposits, marketing, and issues with residents! To submit questions to be answered in future articles please email Brian Wolk here!

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Legal or Not August 2020
Legal or Not August 2020

LEGAL OR NOT by Brian Wolk of Heist, Weisse and Wolk, P.A. Q: About two weeks ago one of our residents moved out of our apartment community after living in her unit for the past three years. The carpet was two years old when she moved in. She left mildew stains all over the sink and... Continue Reading

Postedby Brian Wolk
Date posted08/24/2020


Legal or Not July 2019
Legal or Not July 2019

LEGAL OR NOT, by Brian Wolk, Heist, Weisse & Wolk, P.A., Q: I just started last week as manager of our apartment community. The former community manager had a plan in place for serving 3-day notices that has me very concerned. Prior to serving the 3-day notice to a resident, the community... Continue Reading

Postedby Brian Wolk
Date posted07/15/2019


Legal or Not May 2019
Legal or Not May 2019

LEGAL OR NOT, by Brian Wolk of Heist, Weisse, & Wolk, P.A. Q: About three months ago, one of our residents contacted our office late in the afternoon after she discovered a large water intrusion in her bathroom. She said that she came home from work and found a massive puddle of water in... Continue Reading

Postedby Brian Wolk
Date posted05/15/2019


Legal or Not March 2019
Legal or Not March 2019

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: In January we filed an eviction, and the resident filed an answer requesting that our case be dismissed. Her only defense to the eviction is that she has a receipt from our assistant community manager which says, “January... Continue Reading

Date posted04/15/2019


Legal or Not January 2019
Legal or Not January 2019

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: Last week one of our residents moved out of our apartment community after living in her unit for the past four years. She left mildew stains all over the bathroom shower and sink. Trash was scattered throughout the apartment, and... Continue Reading

Date posted01/16/2019


Legal or Not November 2018
Legal or Not November 2018

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: We have three residents living together in our apartment community that have failed to pay this month’s rent, so we started an eviction action. All three residents were served with the eviction summons and complaint by the... Continue Reading

Date posted11/15/2018


Legal or Not September 2018
Legal or Not September 2018

LEGAL OR NOT by Brian Wolk of Heist, Weisse and Wolk, P.A. Q: Our apartment community served 41 3-day notices this month. The rent is due on the first of the month, and according to our lease, the late fee is owed after the fourth of the month. One of our residents is creating turmoil because... Continue Reading

Date posted08/14/2018


Legal or Not July 2018
Legal or Not July 2018

LEGAL OR NOT by Brian Wolk of Heist, Weisse and Wolk, P.A. Q: Last month one of our residents moved out of our apartment community after living in her unit for the past four years. The carpet was a year old when she moved in. She left mildew stains all over the tub and sink. Trash was... Continue Reading

Date posted07/18/2018


Legal or Not May 2018
Legal or Not May 2018

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: Our property managers appear to be puzzled about procedures with regard to security deposits. For example, we are confused as to what we need to do when returning the full security deposit with no claim being made. How long do we... Continue Reading

Date posted05/16/2018


Legal or Not March 2018
Legal or Not March 2018

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: In January we filed an eviction, and the resident filed an answer requesting that our case be dismissed. Her only defense to the eviction is that she has a receipt from our assistant community manager which notes, “January... Continue Reading

Date posted03/14/2018


Legal or Not January 2018
Legal or Not January 2018

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q We are experiencing huge problems with one of our residents, including playing loud music, an unauthorized pet cat and an unauthorized occupant. We prepared a Seven-Day Notice of Noncompliance with Opportunity to Cure. As we expected,... Continue Reading

Date posted01/17/2018


Legal or Not November 2017
Legal or Not November 2017

LEGAL OR NOT by Brian Wolk, Heist, Weisse and Wolk, P.A. Q: Our company owns four small apartment communities, and the owners have now instructed our residents to pay their rent by mail, as we eliminated our on-site management offices. The address is our corporate office, which is located... Continue Reading

Date posted11/15/2017