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Homeowner Associations seizing the rent

When a property owner has not paid, or is not up to date in their HOA dues and fees, then a homeowners association can request that the tenant occupying the property pay the rent directly to the association instead of to the property owner. Under Fla. Stat. 720.3085(8), if the owner is “delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association.” The demand is continuous and the tenant must continually pay rent to the association until the tenant leaves the property or the dues are up to date.

Pursuant to section 720.3085(8), Florida Statutes, associations can demand that an individual make their rent payments directly to the homeowners’ association and continue doing so until the association notifies them otherwise. Payment due the homeowners association may be in the same form as the individual paid to their property owner and must send by United States mail or hand delivered.

The obligation to pay rent to the association begins immediately upon receiving notice, unless the rent has already been paid to the property owner for the period before receiving the notice. In that case, a tenant must provide the association written proof of their payment within 14 days after receiving the notice and their obligation to pay rent to the association begins with the next rental period. Pursuant to section 720.3085(8), Florida Statutes, a tenant’s payment of rent to the association gives them complete immunity from any claim for the rent by the property owner.

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