Legal Question in Real Estate Law in Florida

I just received a notice from the home owner's association that manages the townhome community that I rent in that read to the effect that if the owners fail to pay the homeowner's association dues that they become my responsibility and I have to pay them or will be evicted by the association. My lease states that the propety owners will maintain these fees from he rent that I'm paying. What do I do if this happens? I cannot afford to pay both rent and the other fees as I am a single mother. Can they really do this or take other actions against my credit? What is my recourse with the property owners? I cannot afford to hire an attorney to recoup the costs...I'm very worried.


Asked on 9/10/10, 7:57 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

Based on the new law recently signed by the governor, yes they can do this. The new law states you as a renter can pay the HOA fee and deduct from your rent to the owner. This will be your defense if the homeowner tries to evict you. I recommend you send a letter to the homeowner notifying them if they do not pay the HOA fees, in accordance with FL law you will pay them and deduct that amount from the rent. This way you have record that you have notified the home owner of your intent in which you are protected by the law.

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Answered on 9/18/10, 5:32 pm


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