Legal Question in Real Estate Law in Florida

tenant and I have a month to month agreement. I sent the tenant a certified mail last month to terminate our month to month agreement. The rent for the property is $975.00. The tenant old me that the tenant paid the HOA dues of $800 and the remaining rent balance went toward the repair of the bathroom, which is $175.00. I asked the tenant to provide a copy of the check paid to the HOA and a copy of the repair receipt. The tenant told me that �I will look for the receipt�. I called the HOA twice last week. Last person I spoke with was Judy from and was told that the tenant has not paid any dues to the Association. Since Judy informed me HOA dues has not been paid by the tenant, and the tenant cannot provide a copy of the check or repair receipt for the total of $975.00, I gave the tenant a 3 � Days Notice to Tenant letter on 02/28. On 03/02, I received a letter from an Attorney At Law that the notice to the Tenant was considered retaliation and was advice to widraw the termination notice. I spoke to the HOA Manager, this morning and was told that I cannot terminate the rental agreement until the HOA fee has been paid in full by the tenant. I was also told that I would have to pay the lawyer�s fee for the letter that was sent to me on 03/02. Please advice on how I can legally evict the tenant from my property as our agreement is only a month to month basis. The reason I am renting my house was that I moved in with my parents with my kids because my parents needed my help. And the reason I fell behind on my HOA dues was that my daughter was hospitalized with the a broken arm and was not able to pay the dues. Now, my kids and I are ready to move back to our home but not able to because of this issue. Please advice.


Asked on 3/04/13, 9:17 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the HOA gave tenant notice to pay them, then monies properly paid to them for rental. It is not for HOA dues. Your agreement has ended if you gave statutory notice of its ending you need to advise the HOA of this as well. Have an attorney review your paperwork to make sure you have done everything properly and you can evict based on the termination of the lease. It does not sound retaliatory and even if you disliked the tenant, you are not required to keep a month to month lease going to avoid hurting their feelings. The issues with the HOA are separate and apart from the tenant issues. Get an attorney involved asap.

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Answered on 3/04/13, 11:30 am


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