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  1. #1
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    Oct 2018
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    Default Can a Landlord Evict Tenants Who Are Breaking a Community Rule

    My question involves landlord-tenant law in the State of: Florida

    I own a home in a 55 and over community. Its been rented since August 2018 to a couple and their elderly father. All 3 tenants are over 55 years of age which is required to be a resident in the community.
    I found out 3 weeks ago that the couple is allowing their grandchild to live with them. I spoke to them and emailed them and explained that they knew the community rules when they moved in. No one under 55 can live there, and no one can "visit" for longer that 2 weeks. They said yes they knew the rules, but it was just a visit and would move them out.
    I just got my 2nd notice from the community that the grandchild (and now 20-something daughter) are still living there.
    The wont answer phone calls and I need to know if i need to go through the court system to evict them since they are braking the law. I am told that I will be fined from the community since they are staying there and can be fined daily until they are out so I'm trying to do this in the fastest manner there is
    Thanks for your help in advance
    DM

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Evicting Renters That Are Breaking Community Law

    Quote Quoting 3mdesign
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    The wont answer phone calls and I need to know if i need to go through the court system to evict them since they are braking the law.
    You may have to go to court on this but first you must give proper written notice of termination with an opportunity to cure the breach.

    See Florida statute 83.56(2)(b)

    http://www.leg.state.fl.us/Statutes/...s/0083.56.html

    Follow the instructions regarding the format for the notice.

    If you live in the same town as the property I suggest you deliver the notice personally, with witnesses who are willing to testify in court as to the contents of the notice and its delivery. Perhaps making a video of the delivery.

    If you are an absentee landlord I suggest you hire yourself a lawyer right now to handle this for you.

    Once proper notice has been delivered and the tenant fails to cure, you follow section 83.59.

    http://www.leg.state.fl.us/Statutes/...s/0083.59.html

    I'm trying to do this in the fastest manner there is
    Then you'd better get on it ASAP. Once you've delivered your notice provide a copy to whoever sent you your notice.

  3. #3
    Join Date
    Jul 2018
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    Default Re: Evicting Renters That Are Breaking Community Law

    Quote Quoting 3mdesign
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    I need to know if i need to go through the court system to evict them since they are braking the law.
    They're not breaking the law, they're breaking a community rule. But yes, going through the court system is the only legal way to evict a tenant who is in violation of a lease (I'm assuming your lease refers to and incorporates the community rules).

    I suggest you consult with a local landlord tenant attorney so that you can be sure everything is done correctly.

  4. #4
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    Default Re: Can a Landlord Evict Tenants Who Are Breaking a Community Rule

    Is there a written lease? Does that lease in fact bind the tenants to obey the community rules? Because their being aware of the rules when moving in is not the same thing as their being bound to the rules as a condition of their tenancy.

    If they are a month-to-month tenant, it would make sense to give notice.

  5. #5
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    Default Re: Can a Landlord Evict Tenants Who Are Breaking a Community Rule

    Quote Quoting Mr. Knowitall
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    Is there a written lease? Does that lease in fact bind the tenants to obey the community rules? Because their being aware of the rules when moving in is not the same thing as their being bound to the rules as a condition of their tenancy.
    The statute puts the word "or" between "rental agreement" and "reasonable rules and or regulations."

    "(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:"

    The tenant is bound by knowing the rules even if the lease is silent about rules.

  6. #6
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    Default Re: Can a Landlord Evict Tenants Who Are Breaking a Community Rule

    The statute does not allow for a landlord to arbitrarily declare a rule and impose it on a tenant, even if the rule is reasonable, nor does it automatically extend the rules of a third party (such as a HOA or COA) to the tenant. That is why Florida's standard form leases explicitly incorporate by reference HOA rules that are applicable to a rental unit. So no, the tenant is not automatically bound to third party rules that the lease fails to mention.

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