Port Saint Lucie, FL asked in Landlord - Tenant for Florida

Q: Received letter from association stating that landlord has not paid dues and we must pay them. Can landlord evict?

We have a lease, 2 months into it thus far. Landlord said to disregard the notice but association attorney is stating that in Florida, they have the power to collect rent if owners do not pay their dues.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: What the association attorney has told you is essentially correct. For details, see the following section of the Florida Statutes:

"720.3085 Payment for assessments; lien claims.—

...

(8)(a) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the monetary obligations of the parcel owner related to the parcel have been paid in full to the association and the association releases the tenant or until the tenant discontinues tenancy in the parcel.

..."

You might want to review the statute in full to see that the HOA has fully complied with its provisions.

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