Legal Question in Landlord & Tenant Law in Florida

Landlord and Tenants

I don't know if this is the right place

to ask, but I got a notice on my door

the other day (addressing my

landlord, not me) saying that my

landlord owes a bit of money to the

(I'm guessing) the HOA and the all of

the amenities we (my wife and I)

have been suspended. We talked to

the landlord and he said the he is

losing a lot of money on this place

and didn't know if he could keep it,

then encouraged us to look for a new

place to live. He asked my wife how

long she thought it might take to find

a place and she said March.

My wife and I found a place a lot

sooner then we thought and we can

be out by Jan. We told our landlord

and he said that if we leave in Jan

that he would take us to court to

collect on the remaining months rent

(5 months). I was just wondering,

can he do this even though he is

behind on payments and we no

longer have access to the amenities?

Where can I go to find out if he is in

foreclosure? If he is in foreclosure,

do we have the right to leave early?

Thank you for your time and any

help you might be able to provide.

--name removed--and Barbara White


Asked on 12/10/07, 3:47 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Landlord and Tenants

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I do not believe that the HOA has the right to suspend your ability to use the common facilities of the Association despite the delinquency of the owner. As to the payment of rent, you should meet with an attorney who can review all of the paperwork and advise you of your legal rights and responsibilities.

Scott R. Jay, Esq.

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Answered on 12/11/07, 1:42 am


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