unwanted renter

Started by PamelaC8 • 16 replies • 387 views

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PamelaC8 (Florida)
Posts: 37

Posted:

Hello.
In our community there is a renter who has damaged the unit so much that the owner underneath it is selling her condo. The owner of this condo is aware of the problems and is trying to get the damage fixed. These renters have people who do not live here come into the community, the renters are very noisy, they are animal abusers as well. My thinking is how to get the owner to evict this renter , as of the momement the owner is not evicting.
Another owner said when the other condo goes up for sale they will tell their friend. I said don't do that to your friend. Also this renter has 5 kids living there and it is questionable as to where the kids came from.
The Board knows about the whole situation so does the property manager , all they say is they can send a letter.
The board here pretty much changes the rules to suit a person who is breaking it.
They do not enforce the rules here and they have no fining .

I know these renters are animal abusers because I reported them to Animal Control. The dog was walking on three legs, limping. They did not take it to the vet . They were forced to take the dog to the vet . They had another dog that was taken away.

So is there any way to get the owner to get rid of this renter?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Maybe. It will depend on what your CC&Rs say. There are some communities where the association has a say in rental decisions. This isn't the norm for condos, though.

Without that, the association needs to hold the owner of the unit accountable for damages and other violations of the CC&Rs. The owner is trying to make money, and if he's being billed for these things, then keeping that particular tenant will no longer make economic sense. This will take time, though. The association has to make sure that violations and damage are being documented and that they're on solid ground before taking action against the owner.

Also, even the lousiest tenants have legal rights, so the owner also has to be on solid ground before evicting these folks.

SheliaH (Indiana)
Posts: 6,964

Posted:

What Cathy said.

If you or the neighbors have evidence of animal abuse, call the police or animal control – you’ve made a complaint, so get your neighbors to do the same. For the noise complaint, you may be able to file a complaint with the police (non-emergency).

Other than that, you will need to lean on the owner – HARD. If there’s language in your documents prohibiting owners from creating or maintaining a nuisance, (read them, if you haven’t already), you could sue the owner based on violating that. You don’t have to wait for the board to do it – CCRs can be enforced by one (or several) homeowners against another. You will, however, need verifiable proof (photos, witnesses who are also willing to testify in court about all this, etc.)

As for the rest of the board’s actions, or lack thereof, if you don’t like what they’re doing, you and your neighbors need to rally together and either vote them out in the next election or recall them (read your documents for information on how to call a special meeting to do that). Boards behave the way they do (or not) because HOMEOWNERS do not keep them in check. So, you can keep complaining about yours or step up and take action. This will also mean you’ll need to have people willing to take over if you succeed and you may need to be one of them. Think about what you want to do and then do it. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Pamela,

I'm sorry for the situation you are in.

I am of the expectation that you are not on the board.
This will limit your options.

I am of the expectation that you have reported what you perceive as violations to the board.
Per your posting, the board is limited in what they can do (this is often the case, as the board are not the police and are constrained by the terms of the governing documents and applicable laws).

The best I can think of is inform the existing owner about the conduct of the renters and the damage they are doing to their property.

Hope this helps,

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There is something called "Tenant's rights". The Owner hands are tied due to these laws. You can NOT just randomly evict a tenant for whatever reason. It has to be a violation of the rental agreement. The HOA is NOT a party to the lease agreement. They have no power to enforce anything on the renter as they are not a member. The HOA can ONLY put the pressure on the owner to correct. Which is to issue fines for the violations to the owner. The owner may or may not pass them onto their tenant per their choice/situation. If the owner does NOT have in their lease that violation of HOA rules is a condition of eviction, then they really can't anything in way of evicting due to HOA violations.

Having been in a similar situation myself, I can understand the owner putting the unit up for sale. I was forced to do it myself. Had a realtor friend help me put a sign up to give my tenant a REAL hint they needed to move. Funny thing is they complained about the house being shown. I was like there is a for sale sign out front...

It took me about 5 months to evict my tenant out of my HOA property. They stopped paying me rent for several months. Worked on motorcycles on my living room carpet. Ran eye hooks in the baseboard (not walls) for sound system. Oh and moved a baby emu into my back yard! Yes. Nightmare tenants. Oh and he was the father of my co-worker... Awkward.

I had to give them 10 working days notice of intent to evict. Another 10 days to actually evict. It could be another 2 weeks after that for the Sherriff to remove them and their belongings. All the while NOT getting paid rent. Lost my job. Had 2 house payments. The house was living in was being renovated.

The owner may be under enough stress already. They may be doing all they can do to evict. Be patient. Their hands are just as tied. I was really upset was forced to put that house up for sale. It was never my intention. I loved that house. Hope this person is able to recoup and recover what they can.

Former HOA President

PamelaC8 (Florida)
Posts: 37

Posted:

Hi, No I am not on the board. From reading all the replies to my question I realize that you are all right. The rules and documents do not have anything that covers this. The owner is trying to fix all the damage. Everything has been told to the board and the only thing they can do is send the tenant a letter and the owner. Yes I realize the tenants have rights.

Thank you for your answer.

PamelaC8 (Florida)
Posts: 37

Posted:

Hi Cathy

I live in one of those communities that the homeowners like to complain about the way the board does things but won't do anything about it. I have already tried to get the homeowners to elect someone else to the board which didn't happen. People have moved away from here and when I see them they ask me if I am President yet. I would do it except I am not well. I am a homeowner that is a thorn in the board's side . I also have a 86 year old husband that is sickly and if I could get him to move I would leave here. I have told people not to buy and move here they would be sorry in the long run.
The homeowners break the rules and the board doesn't enforce them at all.
I can see that anything that could be done for this homeowner is still within the boundaries of the governing documents, rules, she just needs to move out.
Moving out is the easy way out , instead of fighting to change things.

well thanks .

PamelaC8 (Florida)
Posts: 37

Posted:

HI Thank you for the information , which is helpful.

PamelaC8 (Florida)
Posts: 37

Posted:

Hi,

Thank you for your help. I will make the owner aware and possibly he can do something about the tenants.

PamelaC8 (Florida)
Posts: 37

Posted:

Hi,

Thank you for your reply and I am going to check out the document further.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By MelissaP1 on 06/28/2022 4:23 PM
There is something called "Tenant's rights". The Owner hands are tied due to these laws. You can NOT just randomly evict a tenant for whatever reason. It has to be a violation of the rental agreement. The HOA is NOT a party to the lease agreement. They have no power to enforce anything on the renter as they are not a member. The HOA can ONLY put the pressure on the owner to correct. Which is to issue fines for the violations to the owner. The owner may or may not pass them onto their tenant per their choice/situation. If the owner does NOT have in their lease that violation of HOA rules is a condition of eviction, then they really can't anything in way of evicting due to HOA violations.

This is simply not true, especially in Florida where the law specifically states that the community's declaration and bylaws are "expressly incorporated into any lease of a unit", and that the association and/or any owner may enforce the declaration and bylaws on a tenant as well as the owner.

This means that as longs as the declaration says so, then the COA: can evict the tenant, the COA IS a party to the lease agreement, does have the power to enforce the declaration on the renter, it does not matter that the renter is not a member, the COA can put pressure on the renter not just the owner to correct, can issue fines on the renter, and it does not matter if the lease has that violation of COA rules is a condition of eviction.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By JeffT2 on 06/29/2022 9:32 AM

Jeff is correct. Here's the language from our declaration, which I believe is very typical for Florida. The issue is if the tenant has actually broken rules or is just being a nuisance AND if the board is willing to spend money on an attorney to actually evict the tenant. It's a tough call and if you have an inactive board most likely they won't step up. In our association we would most likely put pressure on the owner to step up and fix the issue.

10.1 Tenant Conduct; Remedies. All leases will provide, or be deemed to provide, that the Tenants have read and agreed to be bound by the Governing Documents, and that any violation of the Governing Documents shall constitute a material breach of the lease and subject the Tenant to termination of the lease and/or eviction as well as any other remedy afforded by the Governing Documents or Florida law. If a Tenant, Resident, other Occupant, Guest or Invitee fails to abide by the Governing Documents, the Owner(s) shall be responsible for the conduct of the Tenants, Residents, Occupants, Guests or Invitees and shall be subject to all remedies set forth in the Governing Documents and Florida law, without waiver of any remedy available to the Master Association as to the Tenant. The Owner shall have the duty to bring his Tenant’s conduct (and that of the other Residents, Occupants, Guests or Invitees) into compliance with the Governing Documents by whatever action is necessary, including without limitation the institution of eviction proceedings without notice to cure, where legally permissible. If the Owner fails to bring the conduct of the Tenant into compliance with the Governing Documents in a manner deemed acceptable by the Master Association, or in other circumstances as may be determined by the Board, the Master Association shall have the authority to act as agent of the Owner to undertake whatever action is necessary to abate the Tenants’ noncompliance with the Governing Documents (or the noncompliance of other Residents, Occupants, Guests or Invitees), including without limitation the right to terminate a lease and/or institute an action for eviction against the Tenant in the name of the Master Association in its own right, or as agent of the Owner. The Master Association shall have the right to recover any costs or fees, including attorneys’ fees, incurred in connection with such actions, from the Owner which shall be secured by a continuing lien in the same manner as Assessments for Common Expenses, to wit, secured by a Lien for Charges. Any uniform lease or lease addendum will provide, and all leases will be deemed to provide, that the Master Association shall have the authority to direct that all rental income related to the Parcel be paid to the Master Association until all past due and current obligations of the Master Association have been paid in full, including, but not limited to, all past due Assessments, Charges, other monetary obligations, late fees, interest, attorneys’ fees and cost and expenses of collection.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

That is for Florida. It does not apply to every state. So it is true fact but does not apply to that state.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Your problem is, Melissa, that you usually make assertions AS IF they apply to all states. Our restated CC&Rs in CA give our Board the right to evict tenants and to charge owners for any costs.

PatJ1 (North Carolina)
Posts: 568

Posted:

Quote:

Posted By MelissaP1 on 06/29/2022 10:05 AM
That is for Florida. It does not apply to every state. So it is true fact but does not apply to that state.

If the poster is identified as being from Florida, then assume they are reaching out for assistance based on that state. Posting information about another state does not help them. In addition, it confuses things.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My problem is some people still want to criticize free advice if is not theirs...

Former HOA President

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