Tenants, if your Landlord owes past association dues HOA's can collect rent payments directly from you. (Miami: foreclosure, renter)

[Broker Dave]

Due to numerous requests for persons seeking rentals in this section of City-Data I’m posting this information, there are a large number of properties where owners are behind on payments to community associations.

New Florida law (effective date of the new law is July 1, 2010) gives HOA's the ability to collect rent currently being paid to landlords delinquent with past unpaid association dues, fines and other charges.

New law applies to Condominiums (F.S.718.116(11)), Co-operatives (F.S. 719.108(10)) and HOA’s (F.S. 720.3085(8)).

This law gives Associations a very powerful new tool in their arsenal to collect past due assessments (including HOA monthly dues) from owners that are renting their property. The law allows the Association to demand the rent from the renter and requires the renter to pay the rent to the Association until the assessments are current. If the renter fails to comply, the Association can evict the renter under the expedited procedures of Chapter 83, - The Landlord/Tennant Act.

(11) If the unit is occupied by a renter and the unit owner is delinquent ………. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the unit owner.

(c) The association may issue notices under s. 83.56 and may sue for evection under ss. 83.59.83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no duties under s. 83.51

The current law required the Association to actually file a lien foreclosure lawsuit to collect rents; newer law removes steps and speeds up the process and is much more efficient and less expensive than the costly procedure of seeking the appointment of a blanket receiver.

Further, as the law applies to “any monetary obligation due to the association” it can be used to force a renter to pay for past due fines and other charges owed by the Owner to the Association.


Hope this information helps in making the right decisions in keep you and your family safe.

[Infinite loop]

I think this is a good thing.

Basically, if the rent is $1,000 a month and the landlord owes $5,000 to the condo association, the renter pays the condo association (instead of the landlord) $1,000 each month for the next five months and is protected from eviction from the landlord.

However, I've seen warnings that landlords may tell renters to ignore the notices, threaten eviction, offer to lower the rent. Yes, the condo association can kick out the renter, but the condo association should get its money before the landord.

[Broker Dave]

If the tenant ignores the association they can be evicted by the association, that is explained in the notice sent to the tenant and the landlord by the association attorney.

I understand the judges are waiting for the landlords to try eviction proceedings after all they do owe the money to the association, not to mention the tenant having possible grounds for legal action against the landlord.

And yes the association must release the property but can do the process all over again if landlord doesn't pay again.

[mcarib]

In my case I am living the home as a favor from my cousin for a couple of months until I can move to a home that it is being built right now. I have no rental agreement with her and pay no rent... what can the HOA or the Court do to me in this case? I am being threatened by the the HOA with eviction if I do not pay to them ( have no idea how much should I pay, if any). What can I do?

[Infinite loop]

Originally Posted by mcarib

In my case I am living the home as a favor from my cousin for a couple of months until I can move to a home that it is being built right now. I have no rental agreement with her and pay no rent... what can the HOA or the Court do to me in this case? I am being threatened by the the HOA with eviction if I do not pay to them ( have no idea how much should I pay, if any). What can I do?

So the cousin still pays rent or owns the house herself? In either case, seems like the cousin has to pay the HOA (either the monthly rent payments until it's paid off or the whole amount if she's the owner).

[mcarib]

Originally Posted by Infinite loop

So the cousin still pays rent or owns the house herself? In either case, seems like the cousin has to pay the HOA (either the monthly rent payments until it's paid off or the whole amount if she's the owner).

Yes, my cousin owns it... She is the "responsible" party. So the question is: what can they do to me when I do not have a rental agreement and pay no rent? I'll be in the home until the end of August probably...

[MiamiRob]

This really could put the renter in a catch-22 situation because if the renter pays the HOA instead of the owner they might default on their mortgage. Also who is to say that the owner can't file an eviction against his tenant for non payment of rent? How exactly are they going to stop that from happening?

[qdogfball]

Originally Posted by MiamiRob

This really could put the renter in a catch-22 situation because if the renter pays the HOA instead of the owner they might default on their mortgage. Also who is to say that the owner can't file an eviction against his tenant for non payment of rent? How exactly are they going to stop that from happening?

The "owner" defaulting on their mortgage is one thing.

The renter CANNOT be evicted as long as they make the payments to the HOA, etc.

(11) If the unit is occupied by a renter and the unit owner is delinquent ………. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the unit owner.[LEFT]
[/LEFT]
I would say, keeping a copy of the demand letter from the HOA, and making SURE that you have a receipt that you paid the HOA, should be good enough to tell your landlord to buzz off.

[MiamiRob]

^ that is true but then the tenant has to go through the hassle even if the Landlord tries to evict them by proving their case in court.

[annerk]

Originally Posted by mcarib

Yes, my cousin owns it... She is the "responsible" party. So the question is: what can they do to me when I do not have a rental agreement and pay no rent? I'll be in the home until the end of August probably...

Technically they could seek an order of eviction, although at this point it would take until the end of August to get one anyhow.