Associations Right to Evict

Associations Right to Evict

  • Posted: Jul 12, 2015
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Associations Right to Evict . . Associations can evict Tenants of property owners. In response to the unreasonable amount of property owners who are renting out their properties and collecting rents but have unpaid Association dues or assessments, the Florida legislature changed added a new weapon for Associations. For Condominium Associations, its Sec. 718.116, Florida Statutes, and for Homeowners Associations, its Sec. 720.3085, Florida Statutes, which allow for the evictions of tenants directly by Associations.     When Can Associations Evict Tenants? A unit owner owes a duty to pay assessments and dues to the Association. If a unit owner has unpaid assessments, dues, or owes any other sums to the Association, the Association can perform an eviction of the tenant as if the Association was the landlord of the tenant.     What Are the Conditions to the Association Evicting a Tenant? The Association must first send a Notice to the unit owner and tenant, informing them that future rents must be paid to the Association until all unpaid sums due the Association are paid.   Is There Specific Language for the Notice? The Notice to be sent to the unit owner and tenant should state, in materially the following form, as follows:     For Condominium Associations: Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise. Payment due the condominium 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 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association.     For Homeowners Associations: 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.     Can the Unit Owner Evict the Tenant if they Pay Rent to the Association? Under Florida law, the unit owner complying with the Notice requiring the tenant to pay the rent to the Association is precluded from evicting the tenant for alleged failure to pay the rent to the Association.     THE LANDLORD’S LIEN – LANDLORD IS SEEKING MONEY FOR UNPAID RENT The following procedure can be used when the tenant(s) is evicted and Removed by the Sheriff, but leaves personal property in the rental property and the Landlord wants to sell the personal property to satisfy money owed for accrued rent. Note that the best procedure is to allow the Sheriff to perform the Removal even if the Landlord knows that the tenant(s) has vacated or abandoned the rental property. The lease agreement must be consulted to ensure there are no provisions therein which contradict the procedures allowed a Landlord as to asserting and enforcing a Landlord’s Lien. The process involves filing a new lawsuit against the tenant(s) which includes a count for foreclosure of a Landlord’s Lien. It is commenced after the eviction is concluded, including the Sheriff’s Removal. The starting point is for the Landlord to determine that there is personal property in the rental property after the tenant(s) is evicted. Also, the Landlord does not have a lien on property that is not the tenant(s). The Landlord’s Lien Foreclosure Action is a separate lawsuit, and general rules of court apply. However, the Landlord is allowed expedited proceedings, meaning the Court must move the case along quickly to conclusion, and only the 5 day summons, such as in evictions, is used. However, generally, the evicted tenant(s) must be personally served by a process server with the Landlord’s Lien Foreclosure Action and Summons, as compared to an eviction where the process server can post the notice on the door. Thus, an address to the evicted tenant(s), such as a new residence or work, has to be determined. The conclusion of the case allows the Sheriff to hold a public sale wherein the evicted tenant(s)’ personal property is sold. The Sheriff takes a small fee for the services it provides, and the remainder, up to the amount owed the Landlord for unpaid accrued rent and the Landlord’s attorney’s fees as well as costs, are given to the Landlord.  …

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