If my landlord is behind in paying condo dues and the board says that I can longer use the amenities until they are paid, what are my rights?

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If my landlord is behind in paying condo dues and the board says that I can longer use the amenities until they are paid, what are my rights?

I have lost my roommate and cannot rent to another because of the lack of amenities. I am uncertain whether the mortgage is up-to-date. The rent for November was due on the 6th and I have received notice of payment due by the 10th or else eviction proceedings will be taken by the owner. I have always paid my rent on time. The last lease I had expired in June and I have been on a month-to-month lease. What is my recourse? I feel that I am being forced to move.

Asked on November 6, 2010 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, in this case, you may not have many rights. From what you write, it seems as if you are renting from the owner of this condo. A landlord--the condo's owner--can only give you what rights he himself has. Therefore, if he is behind on dues and cannot use amenities, you cannot, because as his tenant, you cannot due anything which he can't; similarly, if he is being foreclosed, such as for nonpayment of association dues, you will be evicted (not necesarily immediately, but shortly) because he can't let you stay in a place which he no longer owns. Also, if your roommate has moved out and therefore the full amount of rent for the place is not being paid, you could likely be evicted for nonpayment (it depends on exactly how the lease was set up).

If the landlord lied to you in renting (e.g. maintained everything was up to date in dues when it wasn't), you may have a fraud cause of action against him. You may also be able to sue him for breach of contract for not providing to you the amenities and facilities promised, explicitly or implicitly, in the lease; or have grounds to terminate your tenancy yourself and move out, if that's what you want. This is a complex situation; you should consult with landlord-tenant attorney.


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