HOA saying we have to evict tenant

Started by SteveV3 • 6 replies • 4380 views

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SteveV3 (Florida)
Posts: 5

Posted:

Hi our HOA in FL is saying we have to evict our tenant because the 15yr old broke in to houses and did vandelism to others.
They are saying the tenant agreed to follow the HOA guidelines and this falls under the following in our documents":
"the activity is consistent with the residential character of the
Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the Property, as may be determined in the sole discretion
ofthe Board of Directors of the Association.
E. Nuisances. No nuisance shall be permitted to exist or operate on any part of the
Property.
F. Unlawful or Offensive Use. No immoral, improper, offensive or unlawful use
shall be made of the Property or any part thereof. All applicable laws, zoning ordinances, orders,
rules, regulations or requirements of any govemmenul1 agency having jurisdiction thereof,
relating to any portion of the Property, shall be complied with, by and at the sole expense of the
Owner or the Association, whichever shall have the obligation to maintain or repair such portion
of the Property. No waste will be committed in Common Property.

Can I evict them and win in court? I am worried I will pay alot of money and lose.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steve,

The first thing to do is to look up the Florida Tenant Rights laws. Once you see those laws, you will need a lawyer to get the tenant removed.

Your choice will be to let the HOA sue you and then your defense will cost you greatly OR you can try to evict the tenants. They are breaking HOA rules but you are still the responsible party for the unit.

I hope that you have a really good lease that covers behavior rules for your tenants. I do have them for my 84 and 86 year old tenants. Good luck. Try either talking or sending them a letter. asking them to terminate their agreement and pack up and leave. It might work.

PeterD3 (Florida)
Posts: 708

Posted:

What if a homeowner's child, guest, etc. does the same thing?

Based on your post there is no authority to evict for a violation. You must follow the same guidelines as would apply to an H.O. but it is "applied" to the tenant through the H.O.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My first question is the parent a renter or an owner in the HOA? Either way the HOA can't evict them. However, the HOA can contact the owner of the property to let them know that their tenant is a bad one. It's up to the owner of that property to evict their tenant. However, there are Renter's rights out there which prevent unlawful evictions. They'd have to abide by the terms of their signed lease agreement. If violating the HOA's rules is in their lease agreement, that could be part of the battle.

However, if it's an owner then it's a different issue. This is a CRIMINAL CASE of vandelism. It has to be dealt with through the CRIMINAL COURT system. The kid should be on probation, waiting trial, or sitting in juevenile center. Our state even puts kid's through boot camp. So the kid shouldn't be at the property unless he's under control of parents or a court ordered monitoring system.

The HOA isn't responsible for what this kid did to the other homes in the HOA. That is up to the INDIVIDUAL homeowner's involved to press charges and make the kid pay resitution. The HOA should have NO involvement in a CRIMINAL matter unless it was damaged straight to HOA property such as the clubhouse,pool, or other directly community owned property.

The HOA can only foreclose or lien for money owed to it. NOT for actions of it's members or their invited guests. There is a line between NOT following HOA rules and Societies. Just have the police and court system handle the issue. Make the homeowner's aware there is some criminal activity and to keep an eye out. Good oportunity to form a neighborhood watch...(NOT FUNDED BY THE HOA).

Former HOA President

SteveV3 (Florida)
Posts: 5

Posted:

Melissa
The parent is my tenant. The lease states that they have to follow HOA rules and were given the documents (also stated in lease)

Thank you

RobW (California)
Posts: 279

Posted:

I agree with Melissa that you need to consult an attorney on this, as it depends what your state and local laws say about it, but if your tenants violated the terms of your lease by violating the governing documents of your HOA, then you are fully in your rights to evict them. If you don't, and the tenants continue to violate your governing documents, the HOA could conceivably fine you for every violation.

Rob

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Yeah...What Rob said...LOL

It sounds like you have grounds for eviction of this tenant. They violated the lease agreement. You will need to file proper notices in I believe PROBATE court. Our state you have a 10 business day NOTICE TO EVICT. It is ANOTHER 10 Business day notice (Holidays/weekends don't count) to actually EVICT. Which you can serve yourself. They will give you the paperwork to file at the Clerk's office. If they don't evict after the Eviction notice, then the Sherrif's department comes in and moves them. The process may run upwards to $500. Which can be part of a small claims case if you were to pursue.

I had to evict my renter. He not only violated the rules (Moved a baby Emu into the backyard without my knowledge amongst other things) but he owed me 5 months rent. Still hasn't paid but do have a judgement against him I can't serve because he uses a post office box...

I have to say the HOA does have a point when it comes to even the best renter with bad kids. You may not see it, but it does effect your investment and your neighbors. The one thing the HOA was formed to protect. It's best to let this tenant go as I've seen in a similar situation the end result really acts as a cavity to everyone involved. Good luck!

Former HOA President

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