Rights of a Florida Condo Tenant

Posted By on February 3, 2015

Condo owners in Florida rent their condos to tenants all of the time. The lease period may be weeks, or months, or even years. As home owners, the condo unit owner has every right to lease his or her property to another should he or she choose to do so (as long as the owner follows the rules and regulations of the condo association).

As for the Florida condo tenant, how far does their rights of use extend? Are they limited to using just the interior of the condo unit?

Renting a Florida Condo: What Are The Tenant’s Rights?

A Florida condo tenant has the right to use all the common areas and other condominium property that the unit owner would have the right to use and enjoy if they were living in the condo unit and had never leased the place. The tenant can, for example:

  • Park in the condo unit parking space
  • Swim in the pool
  • Access the waterfront via private condo property
  • Play on the tennis court
  • Host a gathering in the common reception area
  • Work out in the gym.

This is pursuant to the Florida Statute 718.106(4) of the Florida Condominium Act, which provides:

When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83.

The Condo Association and the Condo Tenant

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1. No discrimination just because you are a tenant.

In sum, Florida law does not allow condominium associations to discriminate against someone who is renting a unit in the condominium. Still, the Condo Association has control over the condominium and can exercise power over the tenant just as it can with residents (or prospective residents).

For instance, the Condo Association can pass regulations that limit the use and enjoyment of common areas to either the tenant or the unit owner. In other words, the Condo Rules may state that if the tenant living in a unit has rights to use and enjoy the common areas, then the unit owner who is not living on-site cannot. This is called a “dual usage” rule, which is also part of the Florida Condominium Act, Florida Statute 718.106:

The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.

2. Tenant can be blocked from certain things by the Condo Board.

Not only can the Condo Association limit the right of a condo unit owner to use a condominium unit that he or she has leased to a tenant, but the Condo Association also has the power to block the tenant and their guests to use of many of the common areas if there is a failure on the part of the unit owner or the tenant to comply with any of the Condo’s bylaws, rules, or regulations.  This includes a unit owner who gets 90 days behind or more in paying money due to the Condo Association.

(Here’s something important for tenants to know: the Condo Association cannot stop the tenant from using common areas that are tied specific to their rental unit as well as the common areas needed for access and egress from the rental unit. Utilities, elevators, and parking spaces are also protected for the tenant’s benefit under the Florida Condo Act. See Florida Statutes 718.106(4); 718.303(3)-(4).)

Protecting the Condo Tenant’s Rights

When a condo tenant is blocked from full use of the common areas or the full enjoyment of his or her rented condo, there are Florida laws that provide help and remedies; he or she may also have protections under the Condominium documents as well. It is a good idea to seek the guidance of a Florida condominium lawyer in these situations, particularly when these situations involve the emotions and personalities of people who are living as neighbors (and potential adversaries) in a shared community.

Picture of Larry Tolchinsky

Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

Comments

17 Responses to “Rights of a Florida Condo Tenant”

  1. Susan says:

    Thank you for this information. As the number of cameras grow everwhere in public, privacy concerns will surface. I have a question that you did not address. If a condo complex has cameras in the pool and hot tub common areas, and they broadcast live feed into every condo unit’s television via a cable channel, are they violating privacy laws in Florida? ….

  2. Colette says:

    I current rent a condo that has mold in it….

  3. Hi Colette,

    We cannot answer personal queries in blog post comments, so we’ve edited your comment to protect your personal information and ask that you give our office a call (see the toll free number above?) for a chat.

    Thanks,
    Larry

  4. Hi Susan,
    We cannot answer personal queries in blog post comments, so we’ve edited your comment to protect your personal information and ask that you give our office a call (see the toll free number above?) for a chat.

    Thanks,
    Larry

  5. Sue Vilardi says:

    Our pinellas co condo board has given a tenant permission to run his private tennis lesson business from our tennis courts….

  6. Hi Sue,
    We cannot answer personal queries in blog post comments, so we’ve edited your comment to protect your personal information and ask that you give our office a call (see the toll free number above?) for a chat.

    Thanks,
    Larry

  7. Gary T. says:

    Can a condo association ask a potential renter or owner to fill out an application. I don’t mean an application that will be reviewed for approval or disapproval and a fee attached to it.. That is a Whole different matter. Just a form to gather information about the individual? Maybe more appropriately, it should be called a questionnaire and no fee associated with it?

    Thank you
    Gary

  8. Hi Gary,
    We cannot answer personal queries in blog post comments, so we ask that you give our office a call (see the toll free number above?) for a chat.

    Thanks,
    Larry

  9. Andres says:

    The condo association has a rule that either tenants nor guests of Unit Owners are permitted to maintain any type of pets in the Condominium. This seems to abridge the tenant’s rights from the full use rights of the Unit Owner that are being rented. Could this rule be legally challenged?

  10. Gajinder Singh says:

    I bought a condo at Tavares,fl ….

  11. Sorry if this is frustrating! However, we’re not allowed to answer personal queries in blog post comments, so we ask that you give our office a call (see the toll free number above?) for a chat. (Your oomment has been edited to protect your privacy.)
    Thanks,
    Larry

  12. Virginia Akopian says:

    Since the condo I rent is up for sale, How often am I required to show it to potential buyers?

  13. Sorry if this is frustrating! However, we’re not allowed to answer personal queries in blog post comments, so we ask that you give our office a call (see the toll free number above?) for a chat.
    Thanks,
    Larry

  14. Tom says:

    We have rented a condo for two months and a little over half way thru the condo is experiencing moisture problems….

  15. Sorry if this is frustrating! However, we’re not allowed to answer personal queries in blog post comments, so we ask that you give our office a call (see the toll free number above?) for a chat about your situation.
    Thanks,
    Larry

  16. Marie says:

    Do Condominium Renters/Tenants have any recourse to noisy neighbors? Is there an ordinance pertaining to this? (Inside the unit – not outside). Are there any civil rights or other rights that might be in violation of – what would they be?

  17. Sorry if this is frustrating! However, we’re not allowed to answer personal queries in blog post comments, or to contact you directly, so we ask that you give our office a call for a chat about your situation.
    Thanks,
    Larry

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