Legal Question in Landlord & Tenant Law in Florida

I moved into a townhome on June 19. The owner advised me that it was ok to move in prior to obtaining approval from the Homeowners' Association. The Association has disapproved me for moving in too early. I gave the owner first, last and prorated rent. What am I entitled to back if the asociation continues to deny me? And can I break the lease agreement without being penalized and recoop some of my monies to move?

Pam O.


Asked on 7/26/10, 1:57 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If you truly cannot occupy the premise due to the Association's disapproval, then it is impossible for the contract to be completed. You owe the owner the amount of the agreed upon rent for the time period that you occuped the premises, and costs to cure any damage that you have caused to the premises, during your occupancy.

All other monies advanced should be returned to you by the owner.

It doesn't seem possible that the Association rejected you ONLY due to the fact that you moved in early. (See if they put the reasons for their rejection is in writing) This seems like an unreasonable "penalty" that would not hold up in court. Other means of enforcing rules, such as fining the owner a reasonable fine would be a less drastic measure that would not penalize an innocent renter.

If you want to stay in the property, you need to get the owner to fight back against the Association. He may have a claim against the Association if they have deviated from the guidelines for acceptance/rejection of tenants. These guidelines should be in writing, and the owner should have a copy of them. His claim would be tortious interference with a contractual relationship or advantage. In other words, their wrongful rejection of you as a renter has cost him the value of lost rent, advertising costs to find a new renter, utilities and other expenses while the property is vacant, etc.

You may also have a cause of action against the HomeOwners Association, if they tortiously rejected you for illegitimate reasons that are outside the guidelines or are unreasonable penalty actions. Your damages are the cost to move, and if you are unable to find comparable housing at a comparable price, any increase in the amount of your rent can be claimed as well.

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Answered on 8/01/10, 7:28 am


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