Eviction from Residence and property?

[Eviction Help]

What is the name of your state (only U.S. law)? Florida

I’m on a Condo Board. We have a tenant that the owner evicted them their condo. They moved out, but moved down stairs to another condo with their only friend. This tenant has been a big problem by spreading lies about the board and causing the owners to not trust the board for about a 1 1/2 years. This has also prevented from getting good people on the board because the good people do not want to be part of the tenants slander. They have been disruptive in our meetings and plain just causing havoc around here. The board finally fined the owner and the owner evicted them. The board has previously mailed eviction notices to the tenant and a copy to the owner but were waiting to file it. Well the owner finally did his own eviction and the tenant moved….. downstairs, to one their only friends here. They have threaten to start havoc again after the first of the year 2010. What can we do? Was the owners eviction included the condo property too? Or should we follow through with the boards eviction to make it happen? Or what other ideals might you have. Thanks

 

[Cvillecpm]

What makes you think the condo board can evict a tenant?

 

[Eviction Help]

Our Declaration says the Board can and have the responsbilites of an owner if the owner is Negligent. And in this case the owner clearly refused to pull the tenant in for 1 1/5 years. Creating a needless environment in which lies, turmoil and grief within the community to intefere with a desirable and normal life style. We have alot of elderly that this tenant scared with their lies. These elderly don't deserve to live like that. Wondering about whose is telling the truth and who is not. It is all a scare tactic and the tenant is the first to say so. They are talk and no action. If the board has done any of the things this tentant has claimed then the State would have taken over this association. ZIPPO and its not going to happen.

 

[Cvillecpm]

Then you need to have a JUDGE make that decision. I doubt that the HOA can file an eviction.

The HOA attorney should bring a lawsuit against the property owner with a motion to allow the board to file an eviction...You would have to prove the owner has been negligent BEFORE filing for the removal of their tenants.

 

[Eviction Help]

I agree the Judge makes the decision based on the evidence. My original question is 'Does the eviction, evict from the condo only and/or property also' and if not, what can be done about evicting from the property.

 

[sandyclaus]

I agree the Judge makes the decision based on the evidence. My original question is 'Does the eviction, evict from the condo only and/or property also' and if not, what can be done about evicting from the property.

You do not have the right to evict the person from a condo unit that you do not have control over. Only the LL, or the person who is allowing that person to live in that condo, can file formal eviction proceedings against them. A judge is unlikely to give you the right to remove someone from property that you have neither the right to control or extend renters rights to.

 

[Eviction Help]

ok, The Landlord evicted this guy and he promptly went to his only friends condo just down from him. Still on the same property. My question is since his Landlord evicted him should it mean to include the condo association property too?

 

[sandyclaus]

ok, The Landlord evicted this guy and he promptly went to his only friends condo just down from him. Still on the same property. My question is since his Landlord evicted him should it mean to include the condo association property too?

I don't know how many ways this can be explained, but I'll try one more time.

The LL who evicted the former tenant OWNED the condo that he was evicted from. That rental unit was the property that the tenant was forced to vacate. He is no longer allowed by that property owner to occupy that rental unit.

Someone else, a friend of that tenant who OWNS another condo (another separate rental unit). That property is under that friend's ownership and control. The tenant and owner of that unit have decided to allow this person to occupy this 2nd and separate rental unit.

The condo association has NO CONTROL over who the owners allow to reside in or occupy their property unless it the association gains control over that unit through proper legal process (due to illegal activity or such).

The condo association was NOT a party to the eviction that took place already. Just because you are not pleased to see the person hanging around the same area in another rental unit is not sufficient cause to get a judge to order them out of that 2nd rental unit.

I suggest you let this go and leave that person alone before they find out what you're tryinng to do and you & the association find yourself on the losing end of a harassment lawsuit.

 

[treese]

My question is since his Landlord evicted him should it mean to include the condo association property too?

No. The tenant was evicted from that specific unit - not the entire property.

 

[Eviction Help]

Treese,
Thank you for answering my question. Simple and to the point. It seems like Sandyclaus wants to decide who is harassing who without knowing all the facts. Thanks again Treese for your help!!!

 

[FlyingRon]

Sandy has it exactly right.

Griping about the HOA board is something you are going to have to get used to as a board member. There is always considerable animosity from portions of the community at the association and the board / employees. That's just the way it is. That doesn't entitle you to force them out of the community when they are legally present.

Grow a thicker skin or decide that perhaps holding office in the association is not for you.

 

[sandyclaus]

No. The tenant was evicted from that specific unit - not the entire property.

I'm sure that's what I said (with the precise explanation).

It seemed to me that OP was bound & determined to step in and take eviction action for a separate unit they had no right to control. Pressing their point to that end made me believe that they were unsatisfied with the fact that that was beyond their jurisdiction.

Sorry if you didn't like my answer. And yes, if you continued to force the issue and try to take control of a rental unit not under your control, I'm sure THAT owner and the tenant might take offense with you stepping where you didn't belong. That could definitely be considered harassment if you failed to cease & desist.

And the facts upon which my response were based were only those OP themselves presented, nothing more and nothing less.