Can hoa evict us

Started by JasonL1 • 5 replies • 3929 views

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JasonL1 (Florida)
Posts: 1

Posted:

I'm recently married and moved into my wife's rented condo, which she has rented for 2 years. After moving in the hoa tells me our landlord never filed for a leasing permit and that we will receive an eviction notice soon. They say that by their rules only 30% of the units can be rented and that our landlord will have to wait until a spot opens up to be able to rent. I'm very confused as my wife turned in her leasing agreement to the hoa both years and they never mentioned this. I'm wondering if they can evict us and how long it would take.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jason,

Your asking a question that we just don't have the information to answer. It will depend on what is written in your lease and what is written in the Associations governing documents. You will likely need to take these documents to an attorney or legal aid for good advice on your issue.

From what you posted it's an issue between your landlord and the Association (not you and the Association or you and the landlord).

My suggestion, keep paying your rent on time and speak with your landlord about the issue.

A quick internet search did turn up the following article that may or may not be helpful:

FL Newspaper article titled Does Florida law allow HOAs to evict tenants?

If you are renting a unit in a condominium, you might want to contact Florida's
Office of the Condominium Ombudsman. It's mainly set up for owner/Association issues but language on the site specifies it helps all affected parties. Therefore, they may be able to shed some light on the issue for you. If your not in a condominium, they might not be able to assist.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Normally I would advise that the HOA can NOT evict a tenant as the HOA can NOT interfere with the contract between and owner/tenant. The HOA does NOT actually own the home and thus has no rights to evict anyone. Renters have rights too. Your landlord would ultimately be responsible and would have a a case against the HOA and NOT you as the tenant. Rental restrictions can not be enforced even if written in the documentation.

Having said all that. Florida is indeed a "different apple" with their HOA rules/laws. So it would be hard for many of us NOT from Florida to give the proper advice. I would take Tim's information he posted and worked with it. Otherwise it is your landlord's battle to fight if they want to take this on.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Jason,

This may boil down to a question of how much time and money are you willing to spend to continue living in a condo that you do not own?

While I personally favor restrictions on rentals, most of them are full of defects that would not stand up to a challenge in court. But that raises the question of whether your landlord is willing to take on the association for you or will you have to fight both the association and your landlord? Or maybe just you versus the landlord? If the association persists in trying to oust you, this can get messy and expensive.

Florida has some of the screwiest property laws so I would not even want to guess at whether the association can evict someone else's tenant.

One of the big points in your favor is that your wife submitted two leasing agreements in as many years without objection from the association.

JeanneK3 (Maryland)
Posts: 562

Posted:

Jason:
Check state law. Maryland has all sorts of protections for people who rent in Condo's and HOAs. And I don't believe an association can evict anyone.
Jeanne

CarolF (Florida)
Posts: 435

Posted:

Jason - is it possible that the landlord has not been paying the HOA assessment?

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