Right to use 1st months and security towards HOA fees?

Kristina,

Without reading the law completely, I suspect that you can not do this. Mainly because the security deposit and first months rent was paid to the owner of the property, not the Association. You still have a rental agreement with the owner and all of those terms should still be in place. The HOA is just informing you that future payments are to be made to the HOA vs. the landlord, as authorized under FL law.

If your first month rent has been paid with the signing of the contract then the 2nd month's rent would be the first one paid to the HOA. I would recommend that you provide a copy of the rental agreement to the HOA so they are aware that the first months rent has already been paid.

Tim

EDIT: It is the LAST month and security deposit that has been paid prior to occupying the home.

Hi Kristina:

Just make sure all future payments for rent are paid to the HOA meeting the requirements of the Florida statute. If the HOA starts receiving payment then they would be foolish to foreclose, it is possible the owner is only behind on HOA payments and not on mortgage, but time will tell. From what I remember off the top of my head security deposit and future “last month” rent would not be included as part of the FL statute, just future monthly rental payments.

This is the FL statute, which was passed in 2010.

Requiring tenant to pay association fees

FS 720.3085(8) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the future monetary obligations related to the parcel. The demand is continuing in nature, and upon demand, the tenant must continue to pay the monetary obligations until the association releases the tenant or the tenant discontinues tenancy in the parcel. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the parcel owner.

(a) If the tenant prepaid rent to the parcel owner before receiving the demand from the association and provides written evidence of paying the rent to the association within 14 days after receiving the demand, the tenant shall receive credit for the prepaid rent for the applicable period and must make any subsequent rental payments to the association to be credited against the monetary obligations of the parcel owner to the association. The association shall, upon request, provide the tenant with written receipts for payments made. The association shall mail written notice to the parcel owner of the association’s demand that the tenant pay monetary obligations to the association.

(b) The tenant is not liable for increases in the amount of the monetary obligations due unless the tenant was notified in writing of the increase at least 10 days before the date on which the rent is due. The tenant shall be given a credit against rents due to the parcel owner in the amount of assessments paid to the association.

(c) The association may issue notices under s. 83.56 and may sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 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 duties under s. 83.51.

(d) 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.

(e) A court may supersede the effect of this subsection by appointing a receiver.

[ The same language is in FS 718.116(11) and FS 719.108(10) ]

A Renter should ONLY pay rent to the owner of the property NOT the HOA unless the HOA OWNS the property. Now Florida does allow a Renter to pay the Monthly dues on the owner's behalf to help prevent a foreclosure by the HOA. Are you using the term "Rent" in reference to the monthly dues/assessments? Need to clarify your definitions if that is the case.

You need to get out of this agreement. I had a similar thing happen to a property in our HOA we foreclosed on. The Renter was evicted due to the HOA foreclosure on the property. The renter was able to sue the owner and won in court for money involved in a "Rent to own" situation. There are renter's rights in regards to evictions and lease agreements. Each state is different so look them up.

If the owner is renting property in danger of foreclosure then contact their bank/mortgage company. Let them know you are renting the property and see if you can make arrangements with them. They may agree to set up a lease agreement with you after the foreclosure process is completed against the owner. It doesn't hurt to ask and you can confirm if the property is in foreclosure.