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Foreclose on a lien regarding a tenant. The covenant rules have not been amended for 8 years. Will a judge consider this ?

Deltona, FL |

Simple question . I'm a tenant , read the covenant rules in order to follow neighborhood regulations . Board wants to foreclose on a lien and make me pay . Should that have been part of the covenants . It has not been updated since 2004 . If I had known this , I may have not moved in . No one informed me . Lawn maintenance which is part of the covenants is acceptable but no rules on tenants and foreclose on a lien . Help please .

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Attorney answers 1

Posted

They can either demand the rent from you to apply to the past due assessments, or lien and foreclose on the property. If they demand you turnover the rent, the landlord cannot evict you or demand you pay rent to the landlord too. If they demand the rent and you refuse, they can evict you under a revision to Fla. Stat. 720.311. While there are ways to fight this, it's expensive and doesn't make sense in most cases. As long as you're paying rent it shouldn't matter who you pay it to as long as its not more than your regular rent.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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