[RPPTL LandTen] condo approval Q

Tue Apr 3 08:53:25 PDT 2012

If the association knew about the minor when the parents entered into the lease, then I believe that they are estopped from treating him as a non-approved “adult” under the rules during the lease term.  I agree with Lainie, especially in Palm Beach County Court. 

Michael

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, April 03, 2012 11:45 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

I would agree that an eviction under these circumstances would be very unlikely.   I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term).

Cary 

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From: Lainie Simon <ljsimon1 at comcast.net>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, April 3, 2012 11:40 AM
Subject: Re: [RPPTL LandTen] condo approval Q

Unless the kid did something that violates the rules, I don't think there is a judge in Florida that would permit an eviction under this scenario.

Lainie J. Simon, Esq.
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On 4/3/12 11:25 AM, Eric Jacobs, Esq. wrote: 

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

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