Landlord is threatening eviction because I’ve started paying rent to condo assoc

You are actually wrong in saying that you don’t have a written agreement. The contract you originally signed is still in effect. When a lease expires and you remain, the contract is automatically extended on 30 day basis until notice to terminate. You HAVE a written agreement whether you like it or not. The conditions stated in the contract still apply today.

You ARE NOT renting from the condo association. Why would you pay rent to someone other than the owner of the condo? I’m at a loss with that. I sure hope you got something in writing from the condo association. As far as legalities are concerned you have messed up. Regardless of the pressure you may be getting from the Condo Association, you have NO contract with them and they have NO right to assume landlord tenant relationship without some type of court action.

If you received the letter to pay your rent to the condo association— I would suggest contacting their attorney to see how you are protected against an eviction. Before paying anyone anything, you should get a signed written contact showing that they have right to do so.

You can be evicted.

I’ve never heard of the Florida Distressed Condo Relief Act so I did some research…

The act was signed into law on July 1, 2010 and according to my research was intended to protect home values of condos. It is an attempt to prevent condo values from falling more. It provides associations with more rights and opportunities, but I don’t see how they can assume landlord tenant relationship. That seems like a huge stretch. According to the act:

FDCRA: 718.110(13)
This legislations provides ammendments which allow condo associations to collect delinquent assessments directly from tenants when the owner (landlord) is delinquent with their condo dues.

So while the act will allow the association to collect money from you to cover your landlords bad debt with the association, it says absolutely nothing about creating a landlord tenant relationship. Really, the law is doing you NO favors. Now, because of this new law you can be hounded by the condo association for monies owed by your landlord. Sounds like the Florida Governor could care less about renters rights. The Governor has basically unleashed the dogs on unsuspecting renters. Your landlord is still your landlord. Thanks to the law you now have a horrible relationship with your landlord. And yet, you are still required to continue dealing with him. Its a joke! Its ridiculous! It’s another failed attempt by government to stimulate the housing market. All its really done is stimulate problems between you and your landlord. I would dare say that the rent would have been better paid to the landlord and not the condo association. Most rental properties run with a very low profit margin, if at all. By not paying your landlord rent, he could be going down the path of foreclosure. Had you paid your rent to the landlord he could pay the mortgage… now who knows? How has this law helped anyone?

I’m glad I don’t live in Florida. In this economy Government should be creating laws to protect properties from foreclosure AND not with false programs designed to benefit the rich. You do realize that this could be the very thing that causes a landlord to foreclose on a condo. If the property is foreclosed on, you are on the street. This lame Florida Distressed Condo Relief Act is another move in the wrong direction. I wonder how many landlords in Florida are in the same boat? How many landlords can’t pay their mortgage payment because their Condo Association hijacked the rent? How many new foreclosures will this create? How many tenants will be evicted because of foreclosure?

One thing is for sure: DON’T INVEST IN CONDO’S IN FLORIDA!! IF you’re a landlord looking for property investments, I would avoid Florida at all cost. The State of Florida is making decision that make it harder for landlords to succeed. What a joke!!

Thank you to Richard and to the anonymous replier for your comments.

I consulted an attorney here in Florida and confirmed that the condo assoc does have the right to collect the rent from me & to evict me if I don’t pay. Yes, it is a law that either didn’t think through the obvious landlord-tenant problems that it would cause, or just didn’t care.

Even if it weren’t the law, the condo assoc reminded me that the landlord and I both signed an addendum to the lease giving them this right.

Although my landlord didn’t have legal cause for eviction, he did have the right to terminate my month to month lease with 15 day advance written notice. He didn’t provide the notice in any documented way, so I offered to move on that day on the condition that he return the full security deposit in cash before I vacated (after he checks the apt & confirms that there aren’t any damages.) So that will hopefully be the end of it & although it’s inconvenient to move a month before I go back to CA, it’s fair enough that he wants to end the lease as long as I get the deposit back.