HOA Has Ordered Owner to Evict a Tenant

[Sraubeson]

My question involves an eviction in the state of: florida

Notice from the HOA Board of Directors was sent to the landlord requiring existing tenant (with no issues, complaints, or payment problems) to vacate in 30 days. Reasons cited were (1) non approved people living in residence. and (2) allowing a guest to park a motorcycle on premises and would not move when asked to do so.

The tenant is a single mother who is supporting her daughter and granddaughter. The tenant was never made aware there was an approval process required for her family as she had been approved. Notice was never given that this was a requirement and the tenant fulfilled a one year lease. There is a second year lease that went into effect May 25, 2012. On or about June 1, 2012 came the letter from the Board of Directors. Which came right after a conversation between the guest on the motorcycle and the HOA President. The guest advised (after having been told motorcycles weren't allowed) that they were only visiting and were leaving the following day. The HOA President advised this would be acceptable. The tenant was never approached, and was never asked to move the motorcycle (which was parked in the tenants private garage). The guest was also never asked to move the motorcycle.

Does the HOA have the right to evict the tenant on the homeowners behalf? Or can the HOA force the homeowner to evict the tenant if the tenant does not respond to the written request to vacate?

[jk]

it isn't on the tenants behalf. It is to enforce the rights afforded the HOA.

The only saving grace: the lease between the landlord and tenant is not actually severed due to such an eviction. The landlord is still required to comply with the terms of the lease and than means, he can figure out how to provide comparable housing for the duration of the lease or negotiate, with the tenant, a termination of the lease.