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Section  718.116(11)[i] gives the condominium  association the power to collect to collect unpaid dues directly from the tenant of a delinquent unit  owner by mailing the tenant a written demand.  The statute also provides that  if the owner tries to evict a tenant who has been paying the rent to the association in response to such a demand that  the tenant may raise payment to the association as a defense.   In a recent Orange County case*  the association issued a demand for the rents to the tenant.  Several  months later,  the landlord issued a 3 day notice to the tenant for non-payment of rent and proceeded to file an eviction.   The court dismissed the landlord’s eviction with prejudice  declaring that the landlord’s demand for payment of rent to himself was defective, as the tenant was obligated to pay rent to the association.   Attorneys fees and costs were awarded to the tenant.

*   HURLEY, vs. ODUM,  County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2010-CC-019643-O, Div. 73. January 28, 2011. Heather Higbee, Judge. 18 Fla. L. Weekly Supp. 697b.

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