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Can Florida disabled renter be evicted by condo association?

Posted on Thu, Dec 23, 2010 @ 07:59 AM
  
  
  
  
Are persons with disabilities exempt from the Florida statute regarding Rental Collection on a unit that is being foreclosed with renter occupying? Notice has been given for renter to submit payment to condo association and notice was sent to homeowner also with the FLA statute on this issue. Renter has not paid and Homeowner is still collecting rent but is a least 4 months delinquent on condo fees. Renter is ignoring the notification. Can renter be evicted? He is on Disability. Homeowner is currently going into Foreclosure, Association does have lien in place.

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COMMENTS

Yes, the board can evict a renter. Under new laws, the renter is responsible to turn the rent money into the association if the landlord (unit owner) is in arrears. In turn, if the tenant does not pay up, then the board acts as the unit owner's agent and removes the tenant. Get your lawyer on this very quickly, and get that lien in place. It makes no matter if the tenant is on disability. A condo is private property and a 'not for profit business' and the Americans with Disabilities act has no bearing in this regard. The police cannot even come on to the property unless someone invites them.

posted @ Thursday, December 23, 2010 8:30 AM by ArtDiCicco


An additional note to the Board, remind the tenant that he can be given rent credit by the Board via a paid receipt for late fees. In this manner the tenant can remain in good standing with the Board and avoid being evicted by both the Board and the Unit Owner. The credit the tenant receives can be deducted from the Unit Owner rental fees. The Unit Owner will not have legal recourse against the LAW ABIDING renter. The renter and the Board both win!!

posted @ Thursday, December 23, 2010 12:26 PM by cebo


I concur with the above advice.  
 
I am on a Board in FL and wrote the Notice to Tenant informing them that our Association was enforcing the new law passed in July and we were coming to them for past dues of the property owner. The person managing the property was a LAWYER, unbeknown-st to our Association. The lawyer wrote us and said, "I am the Property Manager of this unit. We will be sending out a check for $884.50 this week! 
 
Please copy me with all correspondence. 
 
Thanks!" 
 
We collected our first back dues within the week! The attorney called the president and told them he thought the letter was great. I sent a certified letter to the tenant & homeowner, plus posted one on the property's front door. EFFECTIVE! 
 
Collect away! :D 

posted @ Thursday, December 23, 2010 3:29 PM by Sheri


does the condo association have to make the walkway in front of my unit accessible to me...I am in a wheelchair and cannot leave my unit unless someones takes me out. The cement walkway is too narrow for my wheelchair. I am a renter, and in case of an emergency I cannot get out of my unit...

posted @ Thursday, February 10, 2011 5:36 PM by carol


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