Legal Question in Landlord & Tenant Law in Florida

I rented my townhouse to two young women in February of this year. Not long after they moved in I received a phone call from the HOA stating there were complaints of people visiting the unit at late hours. I talked to my tenants immediately and discussed this issue with them. Several months have passed with no more calls or letters from the HOA so I thought the problems had been resolved. Recently, I received a letter from the HOA stating now there is not enough activity at the residence. The complaint states that (a.) the A/C doesn't run often, (b.) the 2 tenants are never at the residence at the same time, (c.) the blinds are always closed, (d.) no one at the unit for days at a time, and lastly, (e.) at various times several cars pull up to the unit and the driver gets out, enters the unit, and comes out carrying a small bag. (I'm assuming they are insuating drug deals, but my husband is a police officer and has watched several drug houses in his career and stated this is NEVER the case. They would not be carrying drugs out in the the open like that). The letter states that the other home owners are at unrest and believe that some sort of business is transacted out of the unit. It also says that if this is the case, they will evict my tenant and I will no longer be allowed to rent my unit to new tenants. I feel that this is an attempt to get my tenants evicted because the other owners simply do not want renters. If they are truly concerned that illegal activity is being transacted here, why haven't they contacted the police? Doesn't there have to be some sort of proof or legal documentation and not just someone saying this is happening? Does my HOA really have the right to evict my tenant over these matters? Most of these complaints I feel are petty and are probably not listed anywhere in the bilaws. I mean, where would it state my tenants have to have the same schedule and be at the unit together at all times? Any help or advise would be


Asked on 7/09/12, 4:52 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

The HOA is only allowed that which is in the bylaws - I suggest you contact an HOA attorney and review this with them. From what you have stated, this also looks like a great case for discrimination since I truly don't believe that this is part of the HOA policy. However, without reviewing your documents I would be remiss in making such a valid statement at this point.

I would like to see the documentation from the "other" neighbors.

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Answered on 7/09/12, 5:55 am


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