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Associations May Demand Rent from Tenants if Owner Becomes Delinquent

February 2nd, 2018

Posted in Condominium & Homeowner Association Law

Pursuant to Sections 718.116 and 720.3085 of the Florida Statutes governing condominium and homeowner’s associations, respectively, if a condominium unit or home is occupied by a tenant and the owner is delinquent in paying a monetary obligation due to the association, the association may demand that the tenant pay to the association his or her rental payments and continue to make such payments until all the monetary obligations of the owner have been paid in full to the association. 

Note that both the Condominium Act and Homeowner’s Association Act allow the association to demand the tenant pay his or her rent directly to the association to satisfy any “monetary obligation” due to the association.  A “monetary obligation” not only includes periodic assessments, but may also include special assessments, fines, or other common expenses that have become delinquent.  Lastly, the association may issue notice and sue for eviction under Chapter 83 of the Florida Statutes if the tenant fails to pay the delinquent monetary obligation.

Tenant rent demands must be in writing and must be provided to both the owner and tenant as more specifically described in Sections 718.116 and 720.3085 of the Florida Statutes.  Accordingly, associations are encouraged to seek advice from a qualified attorney to provide guidance and explanation of its options to collect delinquent monetary obligations.

 

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