Legal Question in Real Estate Law in Florida

Lease in conflict with HOA rule, can they evict the dog?

Our dog is included in our lease as an occupant and is declared at 35 pounds. The condo homeowners' association rule, however, prohibits dogs over 25 lbs. When we pointed this out to the owner's agent during the lease signing, she informed us that the owner knew and the rule was not enforced. 6 weeks into the lease, however, the management company, ''on behalf of the Board of Directors,'' has written our Lessor, pointing out the violation. The Lessor, in return, has informed us that we must remove the dog from the premesis immediately. I do not know if the other dog owners in the neighborhood have received a similar notice. We can't give up a family member. Can we dissolve the lease, in order to avoid the fines of breaking it?


Asked on 8/15/01, 4:36 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Lease in conflict with HOA rule, can they evict the dog?

It appears the lessor has breached a material term of the lease, thereby giving you an out. Under the circumstances, the lessor should let you walk away from the lease with your entire security deposit. If not, you may have a claim against the lessor for breach of the lease and for termination of same. Seek the advice of counsel and good luck.

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Answered on 8/16/01, 1:19 pm


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