Can a condo association deny you access to the building..... (Miami: lease, eviction)

[jhjanson25]

If you havent paid the rent for the month and the landlord has called the condo association and told them can they deny you entry to the premises without an official "eviction" writ?

[cuba libre]

Anything is possible with an official court document with the usual 30 day notice. They can't EVER deny you entry, but they can after 30 days. Your landlord must really hate you.

You have 'entry' until your lease expires, or after the 30th day of your eviction notice. The EARLIEST they (Condo association, landlord, police, etc.) can deny you entry to your own abode is 30 days from receipt of the court eviction notice. I have never heard of an "expedited" eviction process lasting fewer than 30 days, but then again, this is Miami, not Florida.

[jhjanson25]

There is no court document or anything like that no. Long story short I moved in the beginning of the month and was supposed to pay rent in the middle of it. A week after I moved in I got laid off. I havent been able to send the rest of the rent money I owe and received an email telling me I have to be out by the 28th and that someone else coming to look at the place already. Also stated in the email is that the condo association has a copy of this email and that as of March 1st I will be denied entry into the building by their security people. This just doesnt sound correct at all to me, but what do I know? I have tried to research this online and havent come up with much.

[gymbuff]

NO they cannot. the eviction process is a long one. if you got laid off or for whatever reason cannot pay rent, they cannot just throw you in the street. However, you must do things right. call the local authorities, call the right people, etc.

[Mcsmith0210]

You get 30 days- thats standard. Theres no getting around that unless you started a fire or a flood- or destroyed property intentionally. Even then I would assume youd have bigger problems either way.

[BucFan]

if you can't pay rent, why should you be allowed to stay?

[DebFlack]

Originally Posted by BucFan

if you can't pay rent, why should you be allowed to stay?

In the State of FL, tenants rights are quite sufficiently developed...so the short answer is to FIRST review your lease, and if your lease is in accordance with State Statutes, it should prescribe all forms of relief of the landlord.

The Condo association is an ancillary entity, and probably not a party to the contract, and not the contraparty----so they can't violate your property rights under FL Tenant Law

It's dangerous getting 'web advice', but my advice is to consult an attorney with lease in hand

I will say that if you are not party to legal action (specifically EVICTION under FL LAW), then they CAN NOT bar you to entry to your leased location--------this is not a STORAGE unit, which even the laws have been changed over the years----

You also never described the method they are using to bar access-----which would be nice to hear....for instance, if the landlord authorized the CONDO association to CHANGE the LOCKS, well THEY are in BIG TROUBLE under FL law (assuming no action has been filed in county court)......

[BucFan]

looks like you need to find a lawyer