Can an HOA prohibit an evicted tenant from living with an Owner ?

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Can an HOA prohibit an evicted tenant from living with an Owner ?

My girlfriend use to rent in the building. She got evicted and now we are living together. We moved and are now renting the unit. My tenant just left and I am thinking of moving back into my unit with my girlfriend. Will this present an issue legally?

Asked on April 14, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally, as matter of overall law, there is no prohibition on someone evicted from a building or community from later living in that same building or community with another person; eviction does not equal, at least in the law, a lifetime ban.
However, your rights in the law could be restricted by a deed, lease, or HOA agreement(s). If the documentation governing the community gives the HOA the power to ban her, or else states that once someone is evicted, she can not live there again under any circumstances, such a restriction is legal and enforceable. Therefore, you need to review the governing documents for the HOA to see what it says on this subject. If those documents do not prevent her from living there, she can.


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