Q&A: Illegal Renter?

Q We currently have a renter that was sneaked in by the owner. What is the proper way of addressing this and what are our legal rights? Can there be fines made to the owner? How can the unscreened renter be removed?

—Concerned in Clearwater

A “The first step is to determine whether the association’s Declaration and governing documents require screening and association approval for renters. If the documents do not, there is no recourse for the association,” says attorney Michael Hyman of Hyman & Mars, LLP in Miami.

“However, if the governing documents, in either a condominium or homeowner’s association, permit screening and require association approval for rentals, then the association must send a violation letter addressed to the owner and the unapproved renter advising as to the violation, citing the provisions of the declaration and governing documents that have been violated, and demanding either permanent removal of the unapproved renter and/or demanding that the necessary paperwork and fees, if applicable, be remitted to the association for consideration. If such documents are remitted and reviewed by the association, a screening of the potential renter can be scheduled.

“After sending the violation letter, if the owner and unapproved tenant fail to comply and cure the violation, then the association can file an eviction action or sue the owner to evict the unapproved renter. In addition, the association can fine and suspend rights, in accordance with Florida Statutes.”

Related Articles

Homesharing and Insurance

What Your Board Should Know