Category Archives: Condominium Law

Happy Tenant, Happy Life

If you are a residential landlord in Florida, you know that a paying tenant is money in the bank.  However, a detailed set of statutes applies to your relationship with your tenant and there are several sticky areas that often get landlords in trouble.  Here are five laws applicable to landlords that cause the most problems.  Read on for how to avoid them when leasing your own property.

1. If you obtain a security deposit or advance rent, you must keep the funds in an account separate from your own.  The account can be non-interest or interest bearing, but speak with your attorney regarding this decision as there are different requirements for each account.  Within 30 days of receiving the rent or security deposit, you must notify the tenant in writing with the details of how you are holding the money.

landlords

2. Return your tenant’s security deposit within 15 days of them vacating the premises.  If you are going to make a claim on the security deposit, you have thirty days to give written notice to the tenant that you are imposing a claim and the reason. The tenant must object within 15 days of when they receive the notice; if they do not object, you can deduct the appropriate amount and return the balance to them.

3. If your tenant abandons the property, that does not mean you automatically get to keep the security deposit. The tenant may still make a claim against it, although you are relieved of the notice requirements explained in paragraph 2.

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“My tenant wants to keep a pet that he says provides ‘emotional support’ — what’s the deal?”

Each Friday, I ask my Twitter followers to submit an anonymous legal question that I will then answer the following week.  Below is last week’s question:

I own a condominium in a building that prohibits all pets except service animals.  My tenant recently told me that he has an emotional condition and needs to get a cat.  I heard somewhere that a cat can be considered a service animal.  What’s the deal?

     There are two categories of animals when it comes to housing.  Service animals, which can only be dogs, generally cannot be prohibited under any circumstances under the Fair Housing Act (“FHA”) and other state and federal laws.

     The second category, emotional support animals, have been gaining popularity in recent years.  Sometimes referred to as “prescription pets,” residents in condominium properties that otherwise prohibit animals may be able to get around the rules against these animals by proving their animal assists them in coping with every day life.  Under the FHA, people have been allowed to keep monkeys that feed them, rats that detect muscle spasms, and snakes that can sense seizures.

     Generally speaking, the FHA is favorable to owners of “emotional support animals.”  There is no requirement that such an animal is specially trained or certified.

     The only requirement before a person is permitted to have an “emotional support animal” is a letter from a mental health  professional stating that the animal is needed to alleviate symptoms related to the underlying illness or disability.   The letter should demonstrate how the animal will affirmatively enhance the sick or disabled person’s quality of life, but there is no requirement that the “condition” be specially recognized by law.

     As a landlord and/or condominium board, it is important to be cautious when asking for further documentation of the person’s alleged “condition.”  You are not entitled to medical or psychiatric records.  If you are skeptical, it is ok to ask for additional proof, but be extremely careful because recent law indicates a trend in favor of the resident’s privacy.

     You can insist that your tenant provide evidence of the animal’s inoculation and vaccination.  Moreover, if you feel the animal could be a threat to others in the property, you have the right to request proof that the animal is safe.  Be cautious, however, in demanding a “pet deposit” or other financial guarantees related to the animal.

    The bottom line:  Your tenant can probably have his cat, if he gets a valid note from his mental health professional.  However, you should speak with an attorney regarding the details of your case and to make sure you comply with all applicable laws.

Free Legal Friday: Tenant Rights in Foreclosure

Every Friday, I ask my followers on Twitter to send me their legal questions anonymously.  I choose one question to answer on the blog the following week.  Here is last week’s question:

I was leasing a property from my uncle, but he lost it at foreclosure and now the new owner is threatening that he can kick me out.  Is that true?

The short answer is:  It depends.  In 2009, the Federal government passed the Protecting Tenants at Foreclosure Act.   It is designed to protect existing tenants from eviction that have a valid lease.  In most cases, tenants will have a minimum of 90 days from the date title is transferred to the new owner before they can be evicted.  However, that new owner must comply with very specific notice requirements advising the tenant of the eviction.  If your new owner has not done that, you may have a valid defense to any eviction.images

Further, if you have a valid lease, you will generally be permitted to stay in the residence until the end of the lease unless the purchaser is going to move in to the property as their primary residence.  So, if a bank has purchased the property it is more likely that you will be able to stay to the end of your lease.  Either way, you must still receive the 90 days proper notice before you can be evicted.

This law only applies if you are a “bona fide” tenant — leases between children, spouses, or parents of the mortgager are not protected.  You may need to prove that the lease with your uncle was an “arm-length’s transaction” — meaning that both parties were acting as they would in any normal marketplace and there was no “special deal” just because you were his niece.  Your rent must also be fair market value for the lease to be considered “bona fide.”  You should speak with an attorney who can advise you about the specifics of the law in this rapidly changing area.

The foregoing is to be used as a guideline only and is not intended to establish an attorney client relationship.  You should consult with an attorney regarding the specific facts of your case.

© Junilla Sledziewski, 2012

What rights do you have as a condominium owner?

As a condominium owner living in a community controlled by an association, you may sometimes feel frustration or even anger at the way the board of directors or management company treats you. Associations are powerful, often operate arbitrarily, and may act beyond their rights to harass and threaten residents. However, that does not mean you are helpless or do not have rights of your own. Read on for five of the most important statutory rights that many condo owners do not know they have.  There are many more that are not part of this article.  If you feel any of your rights have been violated, you should contact an attorney immediately.

Condominiums

  1. You have the right to at least 48 hours notice of board and committee meetings. The notice must be posted in an obvious place on the association’s property. However, if there is a valid emergency, the board or committee may meet without notice.
  2. You are permitted to attend all board and committee meetings. This includes the right to speak about items that are designated on the agenda and tape record or videotape the meeting. There is an exception for meetings with the association’s attorney in very specific circumstances.
  3. If the board is considering a special assessment or changes to rules affecting condominium use, notice must be given at least 14 days before the meeting. This is to ensure all residents have the opportunity to respond regarding any such proposed change. Notice must be by mail, electronically, or personal delivery, and must also be posted on the property. Continue reading →