[RPPTL LandTen] condo approval Q

[Eric Jacobs, Esq.]

Interesting case.  Personally, I lien slightly toward the association on this one but I think that a coherent argument could be made that the Association waived it for the term (assuming the minor was disclosed) since they would have known of his occupancy and the term of the tenancy.  There is a perfectly coherent response to be expected from the Association but I think in the end, its largely a toss up.  I would focus my emphasis on what possible basis the association could have for denying an 18 year old?  Secondarily, I would look very closely at the precise wording of the condo documents because they are often misinterpreted by Associations.



Just sharing a thought let me know if I can help



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________________________________
From: landten-bounces at lists.flabarrpptl.org [landten-bounces at lists.flabarrpptl.org] on behalf of Greg Hass [GregH at floridarealtors.org]
Sent: Tuesday, April 03, 2012 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] condo approval Q

Does anyone have any experience with this set of facts:

-Landlord has a one year lease with Tenant
-Tenant has a 17 year old son listed on the lease when lease is signed.
-Six months into the lease, the son turns 18.
-Condo association says they must approve all adults.
-The son, after he turns 18, fills out application for approval and is denied.
-Condo association tells Landlord that they must get rid of the now 18 year old son because he lacks their approval.

How would Landlord go about this?  I’m guessing an 83.56 (2)(b) notice could be given for having a (now) unauthorized person living there?  Do you think a judge would grant eviction in this scenario if the mother tells the Landlord to get lost?

Thanks,
Greg


Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

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