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Apparently, according to the new laws, if a landlord owes money to the Homeowner's Association, the renter can pay the HOA the rent instead. What if the lease with the landlord just ends in a month? Can they still pay the HOA and not leave the property as long as they are paying them? Can the HOA create a new lease with the tenants even though the owners own the house and want to come back? The house happens to be going through a foreclosure but that can take months to years to foreclose on the owners. Can the owners not be allowed to move back before the foreclosure because their tenants are paying the HOA and even if their lease is up!
We own the property and were given the impression that our tennenta were staying no matter what because they are paying HOA and they intend to stay until the home forecloses. We are trying to get some sort of workable solutions with our mortgage company to save the house but now, I don't know what to do.
So does that mean we have no more rights to our home and they can take it right from under us just like that? Thay haven't bought our house or rented to own. Because of the HOA they are paying instead of us for June, and July. When August 1(yr lease ends) comes and they don't leave because they are paying "rent" to HOA and expect to keep paying them and live in our big house until it even forecloses. We don't mind having them pay June and July but come Aug. 1st. they should be out.
If we do have the right to evict, how long does it take to get them off the property? Someone told me many months, several months because Courts being backed up
You need a lawyer to figure that one out. It sounds very complicated and convuluted. You don't say what state your located in. Look in the state landlord/tenant laws and see if the issue is addressed there. In any case, you need a lawyer to work this one.
The association can rent the house out if they complete a non-judicial foreclosure and actually take possession of the property.
The association can also demand (via the tenant or a property management company) that the rent be paid to them if they complete what's required by law, and no judicial foreclosure action has been initiated by the Lender.
You really need an attorney to help you with this complex situation however. Have you tried to work out a short sale or deed in lieu with the Lender?
In Florida the HOA can foreclose on the home. Only if the foreclosure has been completed then the HOA can rent it out since they are the owner.
The HOA has no right whatsoever to present a lease to your tenants. The HOA can request the tenants to pay the HOA dues directly to them so the tenants cna keep getting access to the common grounds and recreational areas. Any amount above the HOA dues/fines has to be paid to the owner.
It is nothing of the tenants business what the Landlord does with the rent money but of course the right thing would be to pay the mortgage, insurance, property taxes to prevent things from happening as you described.
I hope this will help...
btw...you have to file in small courts an eviction after you have posted a notice for unpaid rent. (3 Day Notice...make sure you do it the right way otherwise it will be thrown out of court). You don't have the right for the HOA part since the law is stating the tenants are allowed to do so, but the tenants have to vacate after the lease is over and you have to sent a certified letter giving them notice of no renewal of a lease.
I'm curious if there have been any updates to this situation. We are in a similar situation here in S. Florida. We rented our townhome to someone who knew we may need to short sale it at some point in the future. The renter agreed because she wanted to buy it. Now, with the short sale approved by both banks and the short sale rules about to change in 6 weeks...she finally admits that she can't get financed because of a previous bankruptcy where she rolled a property into it.
Since, she planned to purchase the property, she felt entitled to stop paying us rent and instead pay the hoa fees and assessment payments directly to the hoa. We are outraged, but thought a few months of lost rent was worth having the sale go through.
Now, she's no longer a buyer and somehow thinks her lease is still in effect because of her payments to the hoa. Let me be clear, rent is $1500 payable to us, total dues are $590.
So, we are basically left with a squatter in our property who thinks she can just keep paying the hoa fees. Meanwhile, if we have any hope to close by years' end we need an investor with a solid lease signed, which she won't do. If we market to owner occupant, then we have to try to evict her. But, you can't evict if you a accept partial payments. She hasn't paid us, but she has paid the hoa.
Does a renter's payments to the hoa constitute a partial rent payment, and therefore become grounds for an owner to be unable to evict?
I understand the law was to protect renters and hoas from unscrupulous landlords, but she is ruining our totally approved short sale!
I'm curious if there have been any updates to this situation. We are in a similar situation here in S. Florida. We rented our townhome to someone who knew we may need to short sale it at some point in the future. The renter agreed because she wanted to buy it. Now, with the short sale approved by both banks and the short sale rules about to change in 6 weeks...she finally admits that she can't get financed because of a previous bankruptcy where she rolled a property into it.
Since, she planned to purchase the property, she felt entitled to stop paying us rent and instead pay the hoa fees and assessment payments directly to the hoa. We are outraged, but thought a few months of lost rent was worth having the sale go through.
Now, she's no longer a buyer and somehow thinks her lease is still in effect because of her payments to the hoa. Let me be clear, rent is $1500 payable to us, total dues are $590.
So, we are basically left with a squatter in our property who thinks she can just keep paying the hoa fees. Meanwhile, if we have any hope to close by years' end we need an investor with a solid lease signed, which she won't do. If we market to owner occupant, then we have to try to evict her. But, you can't evict if you a accept partial payments. She hasn't paid us, but she has paid the hoa.
Does a renter's payments to the hoa constitute a partial rent payment, and therefore become grounds for an owner to be unable to evict?
I understand the law was to protect renters and hoas from unscrupulous landlords, but she is ruining our totally approved short sale!
Why are you not paying the HOA dues yourself? If you pay them yourself, the HOA should refund you as excess payments what your tenants have paid, that you can now apply to rent and evict based on short rental payments ....
To tdcurran (not the OP): Do you owe the HOA back fees? It sounds like you do not, since she is paying the HOA only 590 and the rent is 1500. If you owed back fees, she should be paying the HOA the full 1500 until the fees are paid off. Who is supposed to be paying the HOA? If she pays you rent and you pay the HOA, and you are not delinquent in paying, you need to keep paying the HOA fees yourself. Don't worry if they are getting paid twice, she is the one overpaying, not you. Did the HOA file any paperwork to take her rent in place of fees? I googled it and I think it's called a Rent Seizure Action. She can't just voluntarily start paying rent to the HOA.
On the other hand, if your agreement with her is that she pays the HOA fees and rent to you separately, she is simply not paying rent. This is a complicated situation and we need more information, but basically either you owe the HOA money and you are in trouble, or you don't owe the HOA anything beyond the usual fees, and you need to evict this non-paying tenant the same way you would evict any non-paying tenant.
If she is not allowed to use the amenities than her rent can be used to pay towards the HOA so gets access to the amenities but otherwise she will be in default since the remainder of the rent needs to paid to you.
The main error is that you as the seller thought that the tenant is able to buy the house. Really? We hear that story over and over and hardly any renter ends up buying the place. Why wasn't there a pre-approval letter and/or pre-qualifying process?
Didn't you have a realtor conducting this for you?
No shot sale can be done without the property being listed but I smell multiple red flags over here...more is going on...
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