Legal Question in Real Estate Law in Florida

I am on a month to month. Live in an HOA community, my owner has NOT paid the HOA dues for my unit and cable was disconnected. The line for cable and internet are on the same feed. I have been paying seperate for internet. When I disconnected my internet I had no cable. The owner told me to get Direct TV, and he would pay for it. I did not get Direct TV, I connected internet back on which also gives me cable. I took the year off of this months rent total $480.00 for the 12 months and told the owner I will be taking $40.00 starting January 1, 2011. I did deposit his rent into his bank account already in the amount of $320.00. My cable, water, pool, dog park, lawn is included in my rent. Am I wrong? Do I have the right to do this. There was a verbal agreement on the cable since the HOA disconnected the cable. The HOA also, sent me a letter stating that I could not use the amenties no longer. However, I am still paying my rent. Could you please advise.


Asked on 12/15/10, 10:32 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your landlord is obligated to pay the HOA in order to provide access to the amenities that were included in your lease agreement. You should notify the landlord and the HOA that you will begin making the HOA payments, and deducting the amount from your rent. BUT you must be certain that your lease specifically states that the LL is responsible. It sounds like your LL is in financial trouble. If you paid a damage or security deposit, ask the LL to give you the name of the bank and account number where your deposit is being held. Check to see if it's there. Also, ask your LL if he is in default on his mortgage. You may be hearing from his lender giving you notice of foreclosure on the property. If you deduct HOA from the rent, be prepared for the LL to sue you for rent payment, and be prepared to show the court why the HOA was the LL's responsibility. Since you are on a month to month, you may not have a written lease, and the LL can give you notice of 30 days to vacate. Don't get too comfortable in this property, it sounds as if you may be moving soon.

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Answered on 12/20/10, 11:23 am


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