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Here is a potential scenario:
- If the governing documents state that owners require tenants to abide by the community's governing documents, and
- If the tenant violates the governing documents, and
- After the association notifies the owner of the tenant's violations, and
- If the owner fails to 'control' the tenant, then
- The association may proceed with eviction of the tenant.
The association's responsibility is generally keyed on the 'safety, security, maintenance and preservation' of the community's assets. In this regard, then, the association is doing its job, based on the owner's failure to do so.
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∙ 14y ago
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Felony can a Florida condo assoc evict you?
The governing documents spell out the violations for which tenants can be evicted. These sets of violations are unique to each condominium association. Usually, the association will only step in to evict if the tenant consistently violates the CC&Rs, By-Laws, house rules or other governing documents, and the owner has been ineffective in 'controlling' the tenant.
Can a public housing authority evict a disabled tenant?
Whether a tenant is disabled does not have a bearing on whether he can be evicted. If a PHA has the right to evict a tenant then it can evict such person regardless of disability.
Can a condominium association evict a tenant of an owner in Florida?
Generally, tenants are required to live in condominiums in the same way that owners are required to live there. Several steps must be in place, however, according to best practices, in order for an association to evict a tenant. First, there must be evidence that the tenant has been given all the pertinent documents that outline how an owner lives in the property. Then, that the owner sent a copy of the lease with the tenant to the board, and prior to occupancy, cleared the prospective tenant's financial and background reports to the owner's satisfaction. The association must have been involved in addressing any 'rules' violation against the tenant through the owner, that have not been satisfied by the tenant or the owner. Finally, the association's records must show that the board has the power to evict a tenant, given an owner's inability to do so.
Can you evict the spouse of a tenant if the spouse's name is not on the lease only the tenant's?
Yes, you can evict the spouse of a tenant who is not on the lease. You can evict a spouse when they are on the lease if you follow the right protocol.
Can a homeowners association control who is allowed to be a tenant in a condo?
The association is concerned that whomever becomes a tenant can reside in the community just like an owner, except that the tenant cannot vote. This means abiding by all the conditions, rules, regulations, covenants, limitations and so forth written in the governing documents.Some associations require that an owner present information about a prospective tenant and produce proof of:Credit checkBackground checkReferences from previous landlordsThe association may also require a copy of the lease.If an owner rents to a tenant who cannot or will not occupy the unit like an owner, the association can give notice to the owner requiring that the owner 'control' the tenant. Failing that, the association may evict the tenant.It is an owner's responsibility to give a tenant copies of the governing documents, so that the association is not put into the position of 'policing' the behaviour of the tenant.
Can a homeowners association force a homeowner to evict a tenant?
Perhaps. If the tenant does not abide by the governing documents -- living in the community like an owner -- then the association may require that the owner evict a tenant. The governing documents may state what behaviour is expected from tenants. This action may be the last in a long list of attempts made by the association to bring the tenant's behaviour into compliance with the governing documents. An owner who resists removing a disruptive tenant adversely affects the value of all the property involved in the association's real estate asset base. A board that uses this tactic to remove a tenant based on prejudice or other illegal basis could be in violation of local and federal laws.
Can a cosigner on a lease evict a tenant?
no
Can a landlord evict someone living on their property when they haven't signed a lease?
I am presuming we have three components here: a landlord, a tenant, and a subtenant. The landlord in this case is presumably renting to a tenant, while the tenant is presumably renting to a subtenant. I presume that tenant has a lease while the subtenant doesn't. The tenant becomes the landlord for the subtenant. Since there is no lease (in most states subletting does not involve a lease) in this case, the tenant who is the subtenant landlord can evict the subtenant. While the main landlord can evict the tenant -which automatically evicts the subtenant -only the tenant can evict the subtenant. But the main landlord can evict all by evicting the tenant.
Can a lordlord evict a tenant without taking them to court?
A landlord must file an eviction through the Civil Court in order to evict a tenant.
What does it mean to evict a tenant?
To kick your guest out
Do I have to have a reason to evict my tenant?
Legally, yes.
Can you start leasing your condominium then have to evict a tenant because bylaws have changed?
A change in the by-laws of an association should have no effect on a current tenant. A change in the CC&Rs, such as an amendment that applies a rental cap to the community, may change an owner's ability to rent or lease in future. Any current tenant should be protected by the lease agreement and/or the amendment, so that no change in governing documents should force an owner to evict a tenant.
