Blog Sponsored by Taylor & Carls, P.A.In tough economic times, community associations struggle to collect assessments from owners in the community. 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 Sections 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 their assessments. If the proper procedures are followed by the homeowners and condominium associations, a tenant would be required to immediately begin tendering their monthly rent payments directly to the association instead of the owner of the property. In addition to providing an association with the right to demand rent payments from tenants of delinquent owners, these statutes allow the association to evict those tenants who refuse to comply. The threat of eviction generally results in compliance.
The tenant rent demand letter serves as a low cost way to generate an influx of payments which will reduce an association’s assessment arrearages. Many associations have had considerable success in obtaining payments from tenants after demand. Due to the low cost and high success rate, any Florida condominium or homeowners association should consult with its attorney to incorporate this powerful tool in its unpaid assessments collection efforts.
This Blog was prepared by Rania A. Soliman, Esq. of Taylor & Carls, P.A. The information contained herein should not be acted upon without professional legal advice. The opinions expressed herein are as of the date hereof, and this law firm undertakes no obligation to advise of subsequent changes in the law.
The firm of Taylor & Carls, P.A., with offices located in the Orlando area, Tampa - St. Petersburg area, and Northeast Florida (Jacksonville/St. Augustine/Palm Coast), was founded in 1981 and has practiced in the area of community association law since that date. The firm can be reached Toll Free at 1-800-395-6235 or locally at 407-660-1040.