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Can a condo evict a renter in fl.
Anonymous3 views3 answers
The condo is saying that they received a complaint that there was a fight in the condo that I rent. This is the 2nd complaint since I moved there in july. The first complaint was that someone was peeing from my patio. Neither of these things happened. The owner of my condo said he was told that the condo is terminating my residency. The owner/landlord said he will fight it. Also I lived in another unit for a full year at the same association , with a different owner without a single complaint. I have been served with no paperwork yet. What are my rights and what can I do to remedy this,
The statute only allows the association to evict if landlord is in default on the assessments, the association has the rents assigned to it, and the tenant refuses to pay the association. Removal of a tenant for rule violations should preferably be authorized by the Declaration. If it does not authorize this removal, the eviction may not be allowed under the current law. BUT, there is an argument that tenant removal may be authorized as a sort of injunctive relief for the violation.
In any case, any authority for eviction should be strictly construed, and any ambiguity should be resolved in favor of the tenant. Also, in any action to remove the tenant, the Association will have the burden of proving that the violations occurred. The tenant can also contest the facts put forth by the Association.
The court typically should not allow equitable relief, such as an injunction or eviction, where the Association has an adequate remedy at law. Associations usually have a remedy at law: they can fine owners for rule violations. Then they can get an assignment of rents if the fine is not paid.
Seek legal advice. The association can terminate a lease for violations of the rules. They would have prove up the violations to support the termination. Ask your landlord for the information the landlord received
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
COAs (condo associations) rarely have the authority in their governing documents to evict tenants for rule violations. What the COA can do is file an action against the landlord for an injunction requiring the landlord to terminate your lease. It's an indirect way to evict you. The COA would of course need to have evidence of these violations.
