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vitadiamore86 · Jul 3, 2008, 06:17 AM

I signed a one year lease lasrt year. However, when we moved in our landlord failed to file the correct paperwork with the HOA. The HOA has been charging him $1000 a month every month we have been there. THey claim that they sent Certified mail to "our" home with the datail bill. However, they have no records that anyone received the letter. The HOA had forced him to have us move out. I found out on June 7 that we had to be out by July first. Yep that's right less then 30 days notice and my lease isn't up. He broke our lease. Shouldn't we be receiving out full deposit back? If so, how long does he have to give it to me?

Let me make something clear. This is all happening because of a piece of paperwork! There is nothing wrong with the house. Never ever had noise problems. Actually it was the least stressfull home that I lived in when it came to the landlord. But the HOA in FL are pratically god... DO they have the right to do this?

excon · Jul 3, 2008, 06:31 AM

Hello v:

NO THEY DON'T! So, don't leave. They can't do anything to you.

You say that you "found out" that you have to move. HOW did you find out??

excon

ScottGem · Jul 3, 2008, 07:24 AM

Lets back up a second here. You rented a house from a Mr Jones. Mr Jones is the home owner and the house is in a development governed by an HOA. Mr Jones was supposed to file paperwork with the HOA to register the rental and failed to do so. Now the HOA wants to terminate your rental because of this.

My gut reaction is they can't do it and they certainly can't do it without proper notice. BUT, the key here is what the HOA by-laws say. There may be language in there that will allow it.

So your first thing is to get a copy of the HOA By-laws and see what the landlord was supposed to do and under what rules they are telling you to get out. Then you can decide how to proceed.

Now this may all be moot since You posted this on July 2 so did you move out as commanded? If so, then forget what I said. Its too late.

As to your deposit, yes he is required to return it. There is a link to Florida laws at the top of this forum that will tell you how long he has to return it.