What to do if I’m a renter receiving threats of eviction from an HOA due to non-payment of fees by the property owner?

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What to do if I’m a renter receiving threats of eviction from an HOA due to non-payment of fees by the property owner?

I signed a lease 5 months ago. At the same time, the property owner suffered a serious accident and was hospitalized for several months. During that time, he fell behind on his HOA payments. I have been receiving emails from the HOA threatening eviction if I do not pay the property owner’s overdue balance, roughly $2000 at this time. Can the HOA evict or restrict my access to the property without actually foreclosing on the property? What are my resources or what course of action should I follow?

Asked on June 11, 2012 under Real Estate Law, Florida

Answers:

david slater / david p.slater, esq.

Answered 9 years ago | Contributor

Notify both the LL and HOA you will be paying rent into court and let them fight it out. Get a receipt from the Court Clerk.  Until the issue is resolved, the HOA has no right to restrict your access.


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