Can an HOA require a tenant to pay a landlord’s delinquent dues by us in lieu of paying rent?

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Can an HOA require a tenant to pay a landlord’s delinquent dues by us in lieu of paying rent?

HOA is demanding that my husband and myself pay our landlord’s deliquent dues in lieu of paying him rent. Landlord has said if we do this he will evict us. We have done nothing wrong; we always pay rent on time. Can our landlord do this? He is currently in foreclosure and has not paid the mortgage in 2 years. We pay rent to his 14 year-old daughter and not to him. We believe he is hiding funds from mortgage company and others. What can we do?

Asked on August 13, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek legal help with all of this but if you can not I would go down to your local Landlord Tenant Court and seek to start an action to pay the rent in to Court.  You indicate that he is in foreclosure.  Have you yet received notice from the lending institution as to payment of the rent?  You should have or will very shortly.  Once they have instituted the proceedings and they have reached a certain point you will pay them and not the landlord.  Call and inquire as to the stage and see. You continue to pay the landlord until there is a new owner of the property - the bank. But you can always pay in to the court registry.  And you should do so to protect yourself here.  The HOA has no contract with you and no right to the money.  Tell them you are seeking to pay the funds in to court and they can fight it out.  Good luck.


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