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Home > Law > Real Estate Law   »   Florida Landlord-Tennant-Association rights

 
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Old Dec 4, 2007, 12:16 PM
Bigkorfuna
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Florida Landlord-Tennant-Association rights

I have been living in a condo in Florida for more than a year. I had originally had a lease for 1 year. Keep in mind that my room mate know our landlord. After the year was up, my roommate moved in with another friend of mine. I now have another room mate in my condo. All of us signed new leases as of july 31st. In the moth of september we received a letter from the association and property manager stating that we were living on the premises but without approval by the association, They asked for a copy of our lease, a deposit (which we all paid to our landlord at her request), and pay necessary tranfer and background check fees for the 2 new tennants, Our landlord told us to pay the deposit to the association which was equal to one months total rent for the mothe of september. We agreed to pay the deposit to the association for the month of septembers rent. When we went to deliver the checks the property manager said that it was too late and that the association was takinglegal action against the owner of the units, and did not acceot our checks. All of the tennants, including the landlord have received certified letters from the associations attorny stating that they were going to start the eviction process if we did not fully comply.

Here are my questions:

1: Eventhough the lease was signed by both tennants, it was never approved by the association, is it or is it not a valid lease?

2: If the assciation is going to start the eviction process, do I have the right to walk away completely from the lease?

3: Is there any legal action that can be taken by the landlord or the assciation against me as the tennant if the lease is not a valid lease because it has never been approved by the association?

THANKS!

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Old Dec 4, 2007, 12:20 PM   #2  
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If the Association rules state that any leases and rental tenants must be approved by the Association and those rules were in effect in July, then they can declare the lease void and force you to move. As soon as they do declare the lease void you can move out and the condo owner would have no recourse against you since they violated the rules of the association.
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Old Dec 4, 2007, 12:43 PM   #3  
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Quote:
Originally Posted by Bigkorfuna
I have been living in a condo in Florida for more than a year. I had originally had a lease for 1 year. Keep in mind that my room mate know our landlord. After the year was up, my roommate moved in with another friend of mine. I now have another room mate in my condo. All of us signed new leases as of july 31st. In the moth of september we received a letter from the association and property manager stating that we were living on the premises but without approval by the association, They asked for a copy of our lease, a deposit (which we all paid to our landlord at her request), and pay necessary tranfer and background check fees for the 2 new tennants, Our landlord told us to pay the deposit to the association which was equal to one months total rent for the mothe of september. We agreed to pay the deposit to the association for the month of septembers rent. When we went to deliver the checks the property manager said that it was too late and that the association was takinglegal action against the owner of the units, and did not acceot our checks. All of the tennants, including the landlord have received certified letters from the associations attorny stating that they were going to start the eviction process if we did not fully comply.

Here are my questions:

1: Eventhough the lease was signed by both tennants, it was never approved by the association, is it or is it not a valid lease?

2: If the assciation is going to start the eviction process, do I have the right to walk away completely from the lease?

3: Is there any legal action that can be taken by the landlord or the assciation against me as the tennant if the lease is not a valid lease because it has never been approved by the association?

THANKS!
If the lease is null and void due to the landlord not complying with the association rules am i entitled to any of my rent payments back?
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Old Dec 4, 2007, 06:25 PM   #4  
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Nope. You got the use of the premises for the rent you paid.
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