[RPPTL LandTen] Condo changing locks on Tenants
Greg Hass
GregH at FAR.org
Tue Dec 22 11:15:36 PST 2009
Harry, I would argue that disabling an access gate card would fall
within the umbrella of prohibited practices under 83.62 (2), but of
course this brings me back to the original conundrum of whether or not a
condo association can lawfully engage in what would otherwise be
considered "prohibited practices" for a landlord under the LL/T statute.
Tequisha, I also had a call recently where a condo association, as part
of its T approval process, was requiring the T to sign something
purportedly making the T personally liable to the association for unpaid
assessments in the event the LL doesn't pay the assessments. The
question posed to me was If a "Contract to Lease" (an FAR form) that's
already been signed by prospective LL and prospective T says it's
contingent on Association approval and approval is subsequently denied
based on prospective T's refusal to sign a document that is arguably
unreasonable, does prospective T get his money back? The FAR Contract
to Lease provides that prospective T will "make all reasonable
efforts...to obtain Association approval..." My opinion FWIW was that
it would be reasonable for a prospective T to balk at signing such a
lease addendum mandated by the association.
Regards,
Greg
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
harry at evict.com
Sent: Tuesday, December 22, 2009 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Condo changing locks on Tenants
I have never seen a condo association change locks but have seen them
deny access by disabling an access gate card.
Harry
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com <http://www.evict.com/>
Email: harry at evict.com
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Tequisha
Myles
Sent: Tuesday, December 22, 2009 1:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Condo changing locks on Tenants
We are starting to see many Condo Associations in Palm Beach County that
require the Tenant to sign lease addendums that force a tenant to pay
rent to the Association directly if the landlord fails to pay his or her
maintenance fees. Also these lease addendums state that the Association
is somehow authorized to evict the tenant for non-payment. So a
prohibited practices amendment to include any type of community
association may be worth exploring...
Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 Ext. 296
(561) 655-5269 Fax
tmyles at legalaidpbc.org <BLOCKED::BLOCKED::mailto:tmyles at legalaidpbc.org>
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric A.
Jacobs
Sent: Tuesday, December 22, 2009 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Condo changing locks on Tenants
While that's true, I think the Association would have clear exposure for
trespass and other claims. It would in my view make no sense to amend
the statute since the Association is not in any case the Tenant's
Landlord. At best, I think the Association might be able to bring an
action for Ejectment if the association docs permit.
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, December 22, 2009 12:42 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Condo changing locks on Tenants
Thanks Harry. I agree with you that the proper procedure is for the LL
to file for eviction. However, I'm starting to think that perhaps
83.67 needs to be amended to clarify that not only the Landlord, but
also his/her association is prohibited from engaging in any of the
so-called prohibited practices / self-help eviction techniques. As it
stands now, a literal reading of the statute would suggest it doesn't
directly apply to associations.
Regards,
Greg
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
harry at evict.com
Sent: Tuesday, December 22, 2009 12:28 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Condo changing locks on Tenants
The landlord needs to file an eviction. No lockout is legal. The tenant
is a holdover if the tenancy was properly terminated by the lease or by
proper notice, if necessary, from the landlord. The association has no
right to deny the tenant access but may have a right to file an eviction
on behalf of the unit owner if stated in the docs. The landlord would be
wise to have an attorney file the eviction as it will be less complex
and cheaper.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com <http://www.evict.com/>
Email: harry at evict.com
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, December 22, 2009 12:17 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Condo changing locks on Tenants
Curious to hear the committee members' thoughts on the question I got
today. Apparently a T of a condo unit is holding over beyond the
termination date of their written lease with LL. LL wants them out and
notifies their condo association that T is a squatter. Association then
sends letter to T saying the association will be changing the locks
because their rules require that there must be a valid/current written
lease on file with the association and there no longer is a current
lease.
The question I have is can a condo association lawfully engage in what
would be considered "prohibited practices" for a landlord under the LL/T
statute?
Here are some of the statutes that I think may come into play:
Section 83.67 (2) provides that a "...a landlord of any dwelling
unit...shall not prevent the tenant from gaining reasonable access to
the dwelling unit by any means, including, but not limited to, changing
the locks..."
Section 718.303 provides that Tenants are governed by the condo docs and
they are deemed incorporated into any lease.
However, Section 83.17 provides that any provision in a rental agreement
is void and unenforceable to the extent that it purports to waive or
preclude the rights, remedies, or requirements set forth in this part,
etc.
Under 83.58 the remedy for a tenant holding over is for the Landlord to
file for an eviction.
Section 718.303 also provides that an association or unit owner may file
an action for "damages" or "injunctive relief" against a tenant.
718.106 provides that "...when a unit is leased, a tenant shall have all
use rights in the association property and those common elements
otherwise readily available for use generally by unit owners..."
Does the fact that 718.303 provides for the filing of actions for
damages and injunctive relief against Tenants imply that other actions
(such as changing locks, cutting off electricity, etc) would be
prohibited? Would it be possible to argue that the LL should be held
responsible for the actions of his association (of which the LL is a
member) and therefore claim damages for prohibited practices under
83.67(6)? Note that 83.67 (1) uses the phrase "...shall not cause,
directly or indirectly, ..." Is the LL "indirectly" engaging in
prohibited practices where he stands by and perhaps even encourages his
association to engage in what would be prohibited practices if the LL
were to take the action directly?
Thanks for your comments in advance.
Regards,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy
Florida REALTORS(r)
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Orlando, FL 32872-5025
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