Condo evictions can be complicated. First of all, Florida condo tenants sign lease agreements with their landlords, who may be the owner or a property manager for the owner. Realtors here in South Florida often manage rentals for condo owners, as their duly authorized representative. However, the actual lease contract will be between the condo owner and the tenant. The property manager is the owner’s agent.
Condo Owner Stops Paying the Condo Mortgage
If the condo owner does not own the property outright, this means that the condo tenant can be at risk of eviction if the condo owner defaults on his mortgage on that condo. The bank will want to take that condo in foreclosure.
We’ve discussed the risk of eviction from a residence when the owner stops paying on the home loan already. However, there are also situations where the condo tenant is caught not between the owner and his bank, but between the owner and the Condo Board. This happens when the owner gets behind on his condo assessments.
Condo Owner Stops Paying the Condo Assessments
The condo owner may be keeping up with the condo mortgage payments, but for whatever financial reasons, has decided to stop paying the Condo Association. Every condo owner has to contribute to the repair and upkeep of the condominium, and pay assessments.
For details on what condo assessments are, and how condominiums in Florida are managed, read:
10 Articles For Florida Condominium Owners
Florida Statute 718.116(11)
Not too long ago, Florida condominiums were in a terrible fix because bad economic times meant that lots of condo owners were not able to pay their condo assessments. Without money coming in from the owners, Condo Boards could not pay for important things like basic maintenance and upkeep of the condo common areas.
Condominiums were hurting. So, the Florida Legislature passed several laws to help condos here. Among them, a law that allows a Condominium Association to collect rent from condo tenants when the condo owner gets behind on the condo assessments. This is Florida Statute 718.116(11), which became law here in Florida back in 2010.
Eviction under Florida Statute 718.116(11)
Under this statute, Florida Condo Associations are able to take on the role of landlord when there is a condo rented to a tenant and the owner of that condo gets behind on the condo assessments. The tenant pays rent to the Condo Association pursuant to the statute, regardless of what is provided in the lease.
Condo Owner Cannot Evict the Tenant
The condo owner no longer gets the rent money, but the condo owner has no action against tenant. The owner cannot evict the tenant for non-payment because Florida Statute 718.116(11) is a complete defense to the owner’s eviction.
Condo Association Can Evict the Tenant
However, if the condo tenant fails to pay the rent to the Condo Association, then the tenant may face eviction. Under Florida Statute 718.116(11), the Condo Association can legally evict the condo tenant regardless of what is written in the lease agreement.
How Florida Statute 718.116(11) Works
For condo tenants, it’s important to understand the legal twists of Florida Statute 718.116(11), since the tenant, no matter how prompt their rent payments and how great they are as renters, is caught up in the fight between the owner and the Condo Board.
A great tenant can get evicted in these situations, simply by misunderstanding how things must proceed under this specific Florida law.
1. Condo Association Must Serve Written Demand on Condo Tenant
When the condo unit owner is delinquent in paying any monetary obligation due to the condo association, it can get paid out of the rental monies paid by the tenant living in the condo if the association makes a written demand upon the condo tenant.
The demand must explain that the Condo Association is legally demanding the tenant (1) pay directly to the Condo Association subsequent rental payments and (2) continue to make these rent payments to the Condo Association until all monetary obligations of the unit owner related to the unit have been paid in full.
2. Tenant Pays Rent to Condo Association
Once the proper written demand has been made, the tenant must pay the monetary obligations until the Association releases the tenant or the tenant discontinues tenancy in the unit (moves out).
3. What is a Proper Written Demand?
The Condo Associate must send the condo tenant a notice either by hand delivery or United States Postal Service delivery (with a copy served on the condo unit owner) that substantially states the following:
- This notice is sent pursuant to Florida Statute 718.116(11)
- The Condo Association demands you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise
- Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address) , payable to (name) .
- Your obligation to pay your rent to the association begins immediately unless you have already paid rent to your landlord for the current period before receiving this notice.
- If so, then you must show the Condo Association written proof of your payment within 14 days after receiving notice and your obligation to pay rent to the association would then begin with the next rental period.
- Your payment of rent to the Condo Association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association under Florida Statute 718.116(11).
4. If Tenant Fails to Pay Association after Demand
Some condo tenants may feel that they don’t want to be involved in some kind of dispute between the Condo Association and the Condo Owner. After all, they signed a lease with the owner, and isn’t it his problem if he’s got trouble with the Condo Board?
It’s true that under contract, there is no obligation for the tenant to respect the Condo Association’s wishes. That’s why the Florida Legislature passed this law.
It helps the Condo Association get paid, and it gives the Condo Association the ability to evict the condo tenant if they don’t pay their rent to the Condo Board after a proper demand has been served upon the renter.
5. Eviction Process by Condo Association
Specifically, the Condo Association may legally issue notice under Florida Statute 83.56 and then file a lawsuit to evict the condo tenant pursuant to Florida Statutes 83.59-83.625. This is the identical eviction process that the landlord would be required to follow if it were the condo owner who was wanting to evict the tenant.
For Florida Eviction Process details, read: Tenant Defenses to Residential Evictions in Florida.
6. Other Obligations and Duties
Since the Condo Association is taking rent money every month, some tenants may think that the Condo Board has stepped into the shoes of the landlord. Maybe the Condo Board should be fixing the torn carpet or updating the bathroom tile?
Well, no. Under the terms of Florida Statute 718.116(11), the Condo Association legally gets to collect rent from the condo tenant to cover those assessments, but it “… is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51.”
On the flip side, the condo tenant doesn’t get to wear the hat of a unit owner, either. Just because the tenant is paying money directly to the Condo Assocation does not give the tenant “… any of the rights of a unit owner to vote in any election or to examine the books and records of the association.”
Bookkeeping: Landlord Cannot Double Dip
Under the statute, the tenant is only liable for the amount due to the landlord under the lease. The Condo Association cannot ask for payments higher than the monthly rent, or for amounts higher than the total rent due under the lease agreement.
Furthermore, the landlord and condo owner cannot look to the tenant for payment of rent until the moneys due to the Condo Association have been paid in full. In legal terms, pursuant to Florida Statute 718.116(11), “… [t]he tenant’s landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association.”
How a Florida Real Estate Lawyer Can Help Tenants with Evictions
If you have been given a notice of eviction from a Condo Association here in Florida, or you are having difficulties in dealing with your landlord and the Condo Board because of the condo owner’s nonpayment of assessments or fees, then it may be helpful for you to have a tenant’s rights lawyer to help you with the problem.
Remember, if you are a victim of illegal eviction here in Florida, then you have rights under Florida law and established remedies that can be awarded to you. Condo Associations can collect rents, and do have the legal power to evict a condo tenant, but only if the specifics of Florida Statute 718.116(11) have been met as well as standard Florida Eviction law.
Getting help from an experienced Florida landlord-tenant lawyer is important to learn about your legal rights. Most tenants’ rights lawyers, like Larry Tolchinsky, will offer a free initial consultation to answer your questions.
If you found this information helpful, please share this article and bookmark it for your future reference.
