Fla. HOAs Get Right to Demand Rent from Tenants

January 25, 2013
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Does a community association have the right to demand rent from an owner’s tenant? Yes—at least in Florida.

Especially during the last economic downturn, associations have struggled to collect assessments from owners. In an effort to stabilize property values, the Florida legislature has empowered condominium and homeowners associations to demand rent from tenants occupying property where the owner is delinquent on his or her monetary obligations to the association.

Under Florida Statutes §720.3085 and §718.116, homeowners and condominium associations have the right to demand rent payments directly from tenants when the property owner has fallen behind in his assessments. If the proper procedures are followed by the association, the tenant is required to immediately begin tendering his monthly rent payments directly to the association instead of the owner. These statutes also allow the association to evict those tenants who refuse to comply. Many associations have found that the threat of eviction generally results in compliance. 

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