Legal Question in Real Estate Law in Florida

Can a florida condo association evict a tenant after he has already moved into an Unit.

The tenant has a felony that dates 11 years ago from state of NJ non violent crime. The Owner already knew this since he had tenant fill out the credit and background application. Tenant signed the lease and moved in. 10/30/09

On 10/30/09 he also submitted a copy of his credit and background application with signed copy of the lease and $100 application to the the 3rd party property management office.

on 12/04 the board president states the condo never received the application and to resubmit condo application. The application goes to include in the cover letter that they do not accept anyone with a felony background. But on the Rules and Regulations it states if you have a non violent crime you need written approval from 2 board members.

He submitted application again. wrote he had a felony explained the felony. On 12/30 he received letter from the the board stating that although 2 board members advocated on his behave to give him the exception to live there, one board member said florida law states what we do for one we treat everyone equally; if we allow him to reside here and another tenant with a felony not to, thats discrimination. They told him he has to leave the property in 30 days 01/31/2010.

The landlord/owner says the Condo association has no right to evict him; only he can, and he has no reason to evict him and wishes him to continue to live there.

Does the tenant have right to sue the Condo Association, and does the Condo Association have any means down the road to really evict him?

What florida statutes if any did the Condo Association violate by telling him to be off property in 30 days and what rights does the tenant have against the Condo Association?

Thank you

Asked on 1/07/10, 11:41 am

2 Answers from Attorneys

Chris McChesney The Law Firm of Chris McChesney

The tenant should have an attorney review all of the documentation, including the rules and regulations of the condo association. After a review of the documents, an attorney should be able to tell the tenant what rights he has.

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Answered on 1/15/10, 2:16 pm

David Slater David P. Slater, Esq.

Without reviewing all the documents,no one can answer properly.

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Answered on 1/15/10, 7:05 pm

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