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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30365
Experience:  JA Mentor
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I have tenants who rent my condo. A new person rented the

Customer Question

I have tenants who rent my condo. A new person rented the condo upstairs in mid-May and complains all the time about the noise. The renters happen to be a young couple who work all the time and are about the nicest people you would ever want to meet. The condo association is telling me they are not going to allow the lease to renew - they have 4 neighbors, including the person who lived above them for 3 years, who have written letters about what wonderful neighbors they are. What can I do?
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. I'm sorry to hear about your situation.

What state is the condo located in? Is there anything in the bylaws or rules that gives the HOA authority to approve leases?

Customer: replied 1 year ago.
Florida and yes the bylaws do provide this authority....but I really think the lady who moved in upstairs has a problem with them because they are young - 30 - and Latin, living in a community with many retired people.
Expert:  Lucy, Esq. replied 1 year ago.

Is your community covered under the Housing for Older Persons Act?

Expert:  Lucy, Esq. replied 1 year ago.

It's illegal to remove them for being Latin - that's a violation of the Fair Housing Act. The tenants could sue the HOA for removing them on that basis. Condos aren't silent. You can hear your neighbors. The HOA would have to prove some valid reason for not renewing the lease to avoid a discrimination suit, meaning they'd need some evidence that the neighbors are actually violating your local noise ordinances and have failed to correct the problem after being notified about it.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?