[Innie]

Hi. I am a tenant in a Florida condo, and the association wants me to leave because I refuse to go through the screening process. I refuse because I have been here for 14 months, I am an ideal tenant in every sense of the word (rent always on time, alone and very quiet, responsible), and my landlord never informed me of a screening process. We have a written lease, and that is it.

I've asked a question similar to this recently, but the story has changed a little. Now, my landlord seems to be trying to "kindly" evict me, because she does not want to deal with the association's pressure (they're calling her and asking her to put me out). As I stated in my last letter, the association really has it out for me because I'm suing them for my car damage.

Now that my landlord seems to be siding with the association, I really need to know whether my landlord has the right to evict me. Before, I needed to know if the association can evict me without the landlord's consent, but now I need to know if the landlord can evict me for not being screened, even though we have a lease, and my landlord is the one who refused to inform me of the screening process in the first place.

I have no intention of renewing my lease, but it would be nice to know whether I have a right to stay until my lease ends. Thanks for your time.

[excon]

Hello again, I:

No, you can't be evicted - even "kindly".

It's time to take off the gloves. If it were me, I'd write him a not so kind letter saying that you intend to fulfill your lease obligations, and you recommend he does too, or you'll file suit for wrongful eviction. Send it certified, return receipt requested. You might even send a copy to the HOA, and let them know if they're involved (and they ARE), you'll sue them too.

I LOVE hardball.

excon

[ScottGem]

I would say no. If this was within a month or two of moving in then they might have a case. But 14 months later, no way.

So I would do it this way. I would go back to the landlord and tell her that your research has shown (and you might want to check with a FL Real Estate atty) that she has no grounds to evict you. However, since you don't want to cause her undue hardship, you will be willing to allow her to buy you of the remainder of the lease. Get some estimates of the cost of moving and ask her to buy you out for what it would cost you to move. Tell her once you get the money you will start looking for a new place and move out as soon as possible.

This gets the HOA off her back and gets you a free move.

[excon]

This gets the HOA off her back and gets you a free move.

Hello Scott:

You're a mench.

excon