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Monthly Archives: July 2017

Condo Association that did not have a landlord-tenant relationship with the tenant did not have standing to evict tenant because of failure to obtain association’s approval for tenant occupancy

28 Friday Jul 2017

Posted by apjlaw in Landlord - Tenant, Legal requirements, Uncategorized

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Tags

association, comdominium, florida, LANDLORD, relationship, standing, TENANT

Plaintiff’  Condominium Association filed an eviction complaint because the Defendant never obtained approval from the Plaintiff for tenant occupancy within the association.

The condominium association did not have a landlord tenant relationship with the Defendant who is the tenant of an unnamed landlord/owner

The court ruled that since a landlord tenant relationship did  not exist between the parties, Plaintiff  lacked standing to sue for eviction action pursuant to Chapter 83.  Notwithstanding, the fact that an association can seek rent from a tenant of an owner where the owner fails to pay maintenance under  §718.116(11)(a), Florida Statutes , in which case a tenant failing to pay rent to the association can then be evicted.

PALM LAKE COOPERATIVE INC. vs.  WILSON, . Palm Beach County.  25 Fla. L. Weekly Supp. 194a

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