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

Q: After 7 years, the landlord wants to make us pay for HBO that is included in the HOA fee she has always paid. Legal?

HBO is included in the HOA fees that each homeowner pays. All of a sudden now she wants us to pay the $60 for HBO. Can she do that mid lease ?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, if it's not provided in the lease that you pay, the lessor cannot require that you pay, until a new lease is agreed to.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: The answer to this "legal" question is "It depends."

Explanation: If your written lease terms clearly say that the monthly rent INCLUDES the cost of the HBO service, then they must wait until the end of the current lease term--for you. However, if the written lease is silent on this issue but includes other "public services" like water and sewer service the landlord could argue that HBO is a "public service." But that argument is weal because they could have excluded it.

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