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Condo Association Eviction of Tenant
Anonymous2 views2 answers
I signed a lease with condo owner. I signed off on Assn rules & regs, which state occupancy prior to Bd approval is prohibited. I attempted to set up interview thru prior mgmt co., but never happened. I moved in. No one said anything. Now there are supposed complaints about my teenage sons-they were never named & I was never informed. Board issued a 3day eviction notice To: All unapproved tenants in possession. It is entitled "ThreeDay Notice F.S. 83.56" Can the Board evict me? If so, have I been given proper notice, since it seems I should have been given 7days' notice. I am asking to move out by 5/15 and stop eviction proceedings; landlord agreed, but had me pay this month 4/15-5/15 & says he is keeping my last mos' rent even tho I'll be out. Is this allowed? thx.
Carlos Francisco MartinReal Estate AttorneyMiami, FL ·
If the Condominium governing documents give the Association the right to evict you directly, the answer is yes they can remove you. It all depends on what the governing documents say. If the direct right of action does not exist in the governing documents, they the Association will have to sue the owner to force them to evict you.
My recommendation is to contact the Association directly and se if you can submit the information they want after the fact, explaining that you were unaware of the violation by moving in first. The 3 day notice is proper. I would send the landlord a letter demanding the last months rent. it was his responsibility to make sure the condo docs were complied with when you moved in, and you are being evicted because of his violation. If he doesn't return it you can always bring a small claims action against him to recover the funds.
No the condo association cannot evict you as they do not have ownership interest in the condo in which you are renting. It is up to the condo owner to evict you if they have just cause. In such case of not approving you to move in, you can argue waiver if some time has passed since you moved in. By statute, 3 day notice is all that is required in an eviction proceeding, but they must obtain a court order to evict you which if argued is difficult for a condo association to do. The landlord can keep your last month's rent if you allow them to and that is the terms in which you agreed to in order to break the lease.
