Landlord Tenant Law Update

There are two things of importance that the homeowner should be aware of:

1. Effective July 2010 for homes located in subdivisions with a mandatory Homeowners Association:Home owners that fail to pay mandatory association fees, as always, are subject to liens on their property. But this year the legislature gave the HOA the power to require the tenant to pay their rent to the association and Not to the owner or management company. For enforcement the Florida legislature gave the association the power to evict the tenant if they do not pay their rent as required. The home owner has no recourse to avoid this other than to bring their account current with the HOA.

FL Statute 720.3085(8) went into effect on July 1st, 2010. In a nutshell, Home Owner Associations now have the authority collect rent from a tenant occupying a property that is delinquent to the association in any monetary obligation.  The association is required to make written demand on the tenant, with a copy to the owner, and may only collect rent to the extent of the unpaid monetary obligation to the association.  If the tenant is ordered to make a payment to the association, it counts as rent credit.  The tenant pays the remaining balance to the landlord.  If the tenant does not pay the HOA, the association may evict the tenant as if the association was the landlord.

2. In the face of the national economy state and local governments are raising service fees to sustain their diminishing income. The state of Florida has raised filing fees and the Escambia and Santa Rosa County sheriffs offices has raised notice delivery fees so that evictions that used to cost $175 to $250 now cost $450 to $550. Exact costs depend on the number of tenants requiring service and the county the property is in.

With that in mind EXIT Realty N.F.I. Property Management has made a huge effort to avoid evictions while attempting to conserve some income for the owner.