Habitat - September/October 2017 - 25

Continued from page 11
how to follow the procedure and then
ensure they are doing so.
We see many instances where
move-out inspections are conducted
and damages are charged without
a single photograph evidencing the
conditions. Imagine sitting as a judge
whereby a landlord is seeking to apply
a security deposit to damages caused to
the premises. Obviously, you would want
to see photographs taken at the time to
show the extent of the damages. Judges
are not very sympathetic to landlords
who apply the security deposit to
damages. They are also not persuaded by
testimony alone of the damages caused
to the premises. For example, pictures
of stains on the back of the carpet are
much more persuasive to the judge than
the sole testimony of the manager that
the carpet had to be replaced due to pet
damage. Judges are typically looking
for a way to give the deposit back to the
tenant. A good policy would be to require
the on-site staff to take photographs
of all damages before damages can be
assessed on any move-out statement and

the security deposit is retained. A simple
training session to go over the steps for
conducting the move-out inspection
and assessing damages would reduce
exposure to treble damages (three times
the security deposit).
These are just some examples of what
should be done to implement a good
training program to reduce exposure.
There are many other areas involving
day to day operations that training
needs to be implemented routinely.
Make training a priority to reduce
exposure to liability.
Fowler, Hein, Cheatwood & Williams
serves as corporate and litigation counsel
in the multifamily housing industry.
Their practice areas include, but are not
limited to, evictions, defense of lawsuits,
mold litigation, fair housing defense
throughout the country, code enforcement
defense, lease revisions, and general
consultation of their clients. You can
learn more about the firm by visiting
www.apartmentlaw.com, or you may email
Mike at mwilliams@apartmentlaw.com.

e

A sincer

TO OUR ADVERTISERS.

Your generous support made
t h i s p u b l i c at i o n p o s s i b l e .

Generic 2016 ThankYou Mag HalfHz_MKG.indd 2

SEP T EMBER /O C T O BER 2017

Naylor Association Solutions drives member engagement and revenue for 1,800+ associations in North America. | NAYLOR.COM

for reasonable accommodations and
modifications that are reasonable
and necessary to afford a disabled
resident full use and enjoyment of
the premises." It is imperative that
the leasing consultant take down
the prospect's name and contact
number and provide it to the manager
so that a returned call can be made.
Proper training of your policies and
procedures would then require the
leasing consultant to document in
detail his or her conversation with the
prospect. This would also be the case
when the community manager makes
the follow up phone call to address the
request for a reasonable modification
or accommodation.
It is important to devote a
significant amount of training to your
maintenance team. For example, if you
have a policy that requires the on-site
staff to keep a mold log book and there
is a set procedure for handling mold
reports including follow up, then it is
important to conduct training to ensure
the maintenance team understands

| 2016-01-19
H A B I T A12:51
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25


http://www.apartmentlaw.com http://www.NAYLOR.COM

Table of Contents for the Digital Edition of Habitat - September/October 2017

Chair’s Message
Legal Corner
Behind the Initials
Education Foundation Recruits Up and Coming Talent
Beacon of Knowledge
Government Affairs
Volunteer’s Corner
AAA Gold Patron Member Profile: CsS
New Members
Advertisers’ Index
Habitat - September/October 2017 - intro
Habitat - September/October 2017 - cover1
Habitat - September/October 2017 - cover2
Habitat - September/October 2017 - 3
Habitat - September/October 2017 - 4
Habitat - September/October 2017 - 5
Habitat - September/October 2017 - 6
Habitat - September/October 2017 - Chair’s Message
Habitat - September/October 2017 - 8
Habitat - September/October 2017 - 9
Habitat - September/October 2017 - 10
Habitat - September/October 2017 - Legal Corner
Habitat - September/October 2017 - Behind the Initials
Habitat - September/October 2017 - 13
Habitat - September/October 2017 - Education Foundation Recruits Up and Coming Talent
Habitat - September/October 2017 - 15
Habitat - September/October 2017 - 16
Habitat - September/October 2017 - Beacon of Knowledge
Habitat - September/October 2017 - Government Affairs
Habitat - September/October 2017 - 19
Habitat - September/October 2017 - Volunteer’s Corner
Habitat - September/October 2017 - 21
Habitat - September/October 2017 - 22
Habitat - September/October 2017 - 23
Habitat - September/October 2017 - 24
Habitat - September/October 2017 - 25
Habitat - September/October 2017 - 26
Habitat - September/October 2017 - AAA Gold Patron Member Profile: CsS
Habitat - September/October 2017 - 28
Habitat - September/October 2017 - New Members
Habitat - September/October 2017 - Advertisers’ Index
Habitat - September/October 2017 - cover3
Habitat - September/October 2017 - cover4
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https://www.nxtbook.com/naylor/ATPS/ATPS0318
https://www.nxtbook.com/naylor/ATPS/ATPS0218
https://www.nxtbook.com/naylor/ATPS/ATPS0118
https://www.nxtbook.com/naylor/ATPS/ATPS0617
https://www.nxtbook.com/naylor/ATPS/ATPS0517
https://www.nxtbook.com/naylor/ATPS/ATPS0417
https://www.nxtbook.com/naylor/ATPS/ATPS0317
https://www.nxtbook.com/naylor/ATPS/ATPS0217
https://www.nxtbook.com/naylor/ATPS/ATPS0117
https://www.nxtbook.com/naylor/ATPS/ATPS0616
https://www.nxtbook.com/naylor/ATPS/ATPS0516
https://www.nxtbook.com/naylor/ATPS/ATPS0416
https://www.nxtbook.com/naylor/ATPS/ATPS0316
https://www.nxtbook.com/naylor/ATPS/ATPS0216
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