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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Can a HOA evict a renter 's non payment of association fees?

Customer Question

Can a HOA evict a renter for owner's non
payment of association fees? State of
Florida
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Is this a condominium?

Customer: replied 1 year ago.
It is a townhouse.
Expert:  Lucy, Esq. replied 1 year ago.

OK. I just wanted to check because there are different statutes for condominiums than other HOAs.

Expert:  Lucy, Esq. replied 1 year ago.

As a practical matter, if the HOA forecloses the property due to unpaid liens, and the property is sold, the new owner may be able to have the tenant evicted with 90 days notice if that person purchased the property for his own use. But I don't think that's really what you're asking.

When a property owner in an HOA rents out his home and does not pay the fees, the HOA is permitted to serve the tenant with a notice that the tenant pay rent to the HOA instead of to the owner until the arrearage is paid in full. Fl. Stat., Section(###) ###-####/a>. There is a specific form that the HOA is required to give to the tenant, either by handing it to him or sending it through first class mail. The language is in that statute. The landlord MAY NOT evict the tenant for paying rent to the HOA.

If the tenant doesn't pay the rent, then the HOA could bring an action to evict them for non-payment of rent.

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