Can my HOA really evict MY tenants?
Maybe. You didn’t think the answer would be that simple, did you?
Under Florida Statutes 720.3085 & 718.116, HOA’s and condo associations now have the right to demand rent payments directly from tenants when the property owner has fallen behind in their assessments. Many tenants are forced into a very uncomfortable and awkward position. Do they pay the HOA as demanded, or do they continue to pay the landlord?
In 2010, the Florida Legislature took it upon themselves to bestow upon the HOA’s the right to collect rent and evict tenants for unpaid assessment fees and due, that have not been paid by the homeowner. It sounds absurd that a HOA can get in between a landlord and THEIR tenant, right?
Well, we need to remember back to what was taking place when this legislation was passed. When the housing bubble bust, it not only hurt homeowners, but severely impacted the HOA’s as well. That’s because the HOA property owners were also facing foreclosures, and as much, they were not paying their dues to the HOA, all while leasing their homes and pocketing the rent money.
If the proper procedures are followed by the HOA, they can and will demand rent money from your tenants to be paid directly to them. If that doesn’t work they can also evict your tenants under Chapter 83, Florida Statutes. To do so, the governing documents of the HOA must also give them the right to collect rent directly from tenants. However, if the Tenant does receive written demand to pay the HOA their rent money directly, the tenant who does so is provided immunity from eviction by the landlord. However, the converse is also true. If the tenant receives written demand from the HOA and continues to pay the rent to the landlord, the tenant can be evicted by the HOA.
Florida Statute §720.3085:
- A tenant is immune from any claim by the parcel owner related to the rent timely paid to the association after the association has made written demand.
- Tenant shall continue making rental payments to the association to be credited against the monetary obligations of the parcel owner until the association releases the tenant or the tenant discontinues tenancy in the unit.
- The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant shall be given a credit against rents due to the landlord in the amount of assessments paid to the association.
- The association may issue notice … and sue for eviction … as if the association were a landlord … if the tenant fails to pay a monetary obligation.
- However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51.
- The tenant does not, by virtue of payment of monetary obligations, have any of the rights of a parcel owner to vote in any election or to examine the books and records of the association.
Notice Required by F.S. §720.3085(8)(a):
The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form:
“Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise.
Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address) , payable to (name)
Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.
Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.
This is a generalized discussion and is not intended for any particular set of facts. By no means does this blog create an attorney-client relationship or privilege between the Attorney and the readers. If you are facing a foreclosure, family law matter, landlord/tenant dispute, or considering buying, selling, or leasing real estate in Southwest Florida, you should speak to a licensed Florida Attorney regarding your specific facts. For a free consultation contact the Guirguis Law Firm, Pllc @ (239)573-9939 or GuirguisLaw@gmail.com.
Posted on June 13, 2012, in Legal and tagged 718.116, 720.3085, Attorney, Chapter 83, Condo Association, Eviction, Florida Constitution, Florida Legislature, Florida Statutes, Foreclosure, HOA, Homeowner, Housing Bubble, http://www.kristenpell.com/idx/index.php, Landlord, Lawyer, Lease, Legal Schmegal, Liability, Parcel, Property Guiding, Rent, SWFL Real Estate, Tenant, The Guirguis Law Firm, Vernon Guirguis. Bookmark the permalink. 2 Comments.