Renters?

Started by LaverneB • 3 replies • 1311 views

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LaverneB (Florida)
Posts: 129

Posted:

I am president (newly elected) of our 55+ community. Due to the housing problems in Florida alot of homes have been sold to younger people and they are renting them. Which is OK but they have to be interviewed and one person has to be 55 to live in it. I just found out the same owner has has 2 homes here that are rented and no lease can be found or have they been screened. The owner of the homes knows the procedure, but is ignoring it, until now.My, question, is, one of the renters has been in here 2 years. Are they Grandfathered in? The oth er has moved in only 2 weeks ago. Thanks all

DonnaS (Tennessee)
Posts: 5,671

Posted:

Laverne,

Do you have a NON RENTAL clause or a limit to how many rentals one can own?
If they were in the unit before Oct 1st, 2005, they are considered "vested" in" and cannot be removed because of a change in rental policy. Grandfathering in terminology is no longer used. (Beats me why)

Now, you are required to have leases on file and a requirement for an interview is required. How did they get by without this? Someone didn't do their job in your office and you have the right to have a copy of the lease if that is in your bylaws (mine are)
Demand a copy of the leases per written requirements and hope that the owner complies.

Of course you know the requirements from the Fed government on 55+ housing that no more than 20% can be under 55 years old.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Laverne,
After I posted above, I started to think--What are you trying to find out? Any of the missing proceedures is not the fault of the renters. It is the owner who is responsible for following the rules. He is the one that you need to address.

Even if the renters refuse to do the interview or produce a lease, you would have an impossible time trying to evict them. Go to the Florida Tenants and Landlord laws and that spells out the only legal reasons that you can force an eviction. What you have given us would never, ever qualify to evict or remove under the State law.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Laverne,
We never did get a reply as to what you were trying to accomplish with the 2 rental units that did not follow the correct procedure to register the tenants. Any resolution on this? Donna

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