I have been living in a condo unit in Florida for 14 months. I rent from the unit owner, and I have never been late with the rent. I recently learned that unit owners must have their prospective tenants screened by the condo association (my landlord never shared that info. With me). The association claims that our lease is null and void. They are especially pushing the issue because I am suing them for their property's damage to my car.

If I refuse to be screened by the association, can they evict me WITHOUT the consent of my landlord ?

Thanks.

Hello I:

No they can't. They can probably fine your landlord, and depending on your agreement with him, he might be able to pass those fines along to you.

excon

If they chose to void your lease within a few months of moving in, they might be able to enforce it. But waiting 14 months, they have forfeited that right. So if they go to court on this, they will lose.

Nor can they screen you after the fact. If they changed the rules, then you are grandfathered in. if the rules did exist, again they forfeited their rights under the rule when they didn't act shortly after you moved in.

If they harass you over this, tell them you will countersue for harassment. However, I would look for new quarters when the lease expires. A HOA can make your life miserable if they want.

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Originally Posted by ScottGem

If they chose to void your lease within a few months of moving in, they might be able to enforce it. But waiting 14 months, they have forfeited that right. So if they go to court on this, they will lose.

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What if they didn't know about the rental? If the landlord never had the tenant screened, it's possible that he never told the association he was renting out his condo. In that case, would the fact that the tenant had lived there 14 months matter?

Quote:

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Originally Posted by froggy7

What if they didn't know about the rental? If the landlord never had the tenant screened, it's possible that he never told the association he was renting out his condo. In that case, would the fact that the tenant had lived there 14 months matter?

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You missed the fact that he is in a dispute over damage to his car. So they had to know. But yes, if they were totally unaware then the length of time wouldn't matter. But its highly unlikely they weren't aware.

Quote:

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Originally Posted by ScottGem

You missed the fact that he is in a dispute over damage to his car. So thay had to know. But yes, if they were totally unaware then the length of time wouldn't matter. But its highly unlikely they weren't aware.

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You're right; it is highly unlikely, because the very same day that I tried to reason with them about my car damage (before suing), they stuck a note on my door with my landlord's CURRENT address, stating that she must have me screened, and that she is in violation with the rules. That, at the very least, establishes that they knew SHE didn't live there. I immediately called her and asked her if they knew, and she said that she did tell them that she was renting her unit. She informed them of this the very same day that she gave them her new address. This clearly implies that they didn't really care, as long as the money was coming through.

As I said, I doubt if a court will allow them to enforce a rule 14 months after the fact. But, its also obvious they are now out to remove you so it would be easier on your if you went looking for new accommodations once the lease expires.

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