Can a HOA charge a deposit to a tenant after the lease is signed?

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Can a HOA charge a deposit to a tenant after the lease is signed?

I signed a lease renewal with my
landlord reflecting our regular
security deposit and nothing more.
Nowhere does it state that we have to
pay the HOA a yearly deposit upon
renewal. The HOA states that it’s
starting this year and that we will be
evicted otherwise. I dont believe we
can be forced to pay something that was
never mentioned before and that is not
reflecting as an obligation of ours in
our lease that has been signed by all
parties already. Is this legal?

Asked on May 26, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The HOA may not charge the tenant a deposit (or other fee) unless such is reflected in the tenant's lease in some way (e.g. a paragraph or clause saying that the tenant will pay any HOA deposits or charges, etc.): a tenant is *only* liable for what's in the lease. The lease is a contract: you only have to pay what the contract calls for. Your landlord may have to pay the deposit: the landlord (who is presumably the owner of the home) is the one who is obligated to the HOA. In the future, if the landlord puts into the lease that you have to pay this deposit, you'll have to pay it if you want to live there--but only once it's in the lease.


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