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Day: July 29, 2016

Mobile Oil Change Business and General Liability Insurance Considered

Not long ago, I got an email from a gentleman wishing to set up a mobile oil change business in Florida. He was concerned about what sort of insurance he might need and was under the impression that a 1 million dollar commercial liability policy was needed up and beyond his work truck vehicle commercial auto policy. Okay so, let’s talk about this; is he correct?

It turns out that he most definitely is, you see commercial auto is not the same as completed operations or the potential liability while working. For instance, if a car catches on fire that you are working on, your commercial auto policy isn’t going to cover it. Do you see that point? So, this is the advice I explained to him;

You will need most likely want to get a commercial insurance policy; $1 million aggregate, 300K per occurrence general liability, with a “garage keeper’s liability” notation, and there will be some customer who may demand more, and also demand to be additionally insured, not just a certificate of insurance on file.

Commercial Auto Insurance is another need, but most commercial business policies will write them together as one. Find a good “commercial insurance broker” and have them scout out their sources, usually the broker-agent knows the underwriters very well (as in speed-dial) and can get you a good rate and the underwriter will understand the difference between mobile and fixed costs. Generally the commercial liability insurance is partly based on your estimated gross income.

Don’t over estimate or you will pay too much, and don’t underestimate or you may get audited by the insurance company or they might simple decide you are not a viable risk. Believe it or not most commercial insurance policies do have a clause in their insurance contracts that they may audit you and by signing the policy you pre-agree to those audits. Thus, it’s unwise to falsify information or underestimate. If you find that you may have underestimated you need to call your agent-broker and explain that, sometimes they will add to the premium, sometimes up the next year’s estimates for gross sales.

Now then, Florida is a great market for mobile oil changes, however, let’s not forget there is some competition there, some long-standing 25+ years in fact and so, insurance is only one aspect or piece of information which one needs to consider before starting a business of this type. Please consider all this and think on it, and develop a strong business plan.…

Eviction Notice – Difference Between Personal Service and Tack and Mail When Evicting a Tenant

As a landlord, sooner or later you will have to evict a tenant for either not paying rent or for violating one or more terms of the lease. When a tenant violates their lease the landlord must immediately start the eviction process. The eviction process is handled by the county where the property is located. Even though you file eviction papers in the county where the property is located, it is state law, not county law, which controls the eviction process.

The eviction process starts with the landlord filing the paperwork for the eviction at the courthouse in the county where the property is located. Once the paperwork for the eviction has been filed, the paperwork will be handed over to either the Sheriff or Marshall’s office. Some counties use the Sheriff to serve notice of the eviction filing while others use the Marshall’s office. Regardless of the office, they will serve your tenant with notice of the eviction. This service will be either Personal Service or Tack and Mail. I will discuss the difference between the two.

Tack and Mail

When the Sheriff arrives at the property, they will try to get someone to answer the door. If nobody is home they will leave a copy of the eviction notice at the door. This is where the “tack” portion of tack and mail service originated. The Sheriff will actually tack a copy of the notice at the front door for the tenant to find when they return home. The Sheriff will also “mail” a copy of the eviction notice to the tenant. The Sheriff will mail the notice regular mail. It will not be mailed certified mail. The date the Sheriff tacks a copy to the door is the day that is recorded at the courthouse for the date of service.

Personal Service

When the Sheriff arrives at your property, they may find the tenant is home. If the Sheriff actually gives the notice to the tenant this is called Personal Service. As a landlord you would much rather the tenant be served with personal service.

The difference between the two types of service is that Personal Service has more advantages in the eviction process. If you tenant is served personal service and then does not show up for the court date, you can get a judgment against the tenant. If the tenant does not answer the eviction process after being served personally, you can get a judgment against the tenant. In both of these situations if the tenant was served tack and mail then you would have to sue the tenant in small claims court to get a judgment against them.…