Tenant Not Approved by Association

[chungifei]

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

I have a tenant who was not accepted by the condo association. I signed a lease with this tenant and foolishly allowed him to move in before the association reviewed him.

The lease mentions Approval Contingency: The Lease is / is not (circle one) conditional upon approval of Tenant by the association that governs the Premises). This would solve my problems, except I stupidly forgot to circle IS. I did not circle IS NOT either, however (not sure if that matters...).

I told the tenant he could stay for one more month (He has been there for almost a month as of today.) because I felt bad about his situation. Despite this, the tenant's father, a lawyer, has threatened to sue me if I try to make the tenant leave.

To make matters worse, the tenant's roommate is complaining about him smoking marijuana, doing drugs and inviting friends over every day.

Under this situation, am I liable to be sued for anything? What options do I have? If the condo association evicts this tenant, can he take any legal action against me?

 

[LillianX]

Because you didn't circle "is", the clause isn't binding. It's essentially the same as the clause not being there at all.

You have no grounds for eviction. Good luck with the condo board.

 

[sandyclaus]

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

I have a tenant who was not accepted by the condo association. I signed a lease with this tenant and foolishly allowed him to move in before the association reviewed him.

The lease mentions Approval Contingency: The Lease is / is not (circle one) conditional upon approval of Tenant by the association that governs the Premises). This would solve my problems, except I stupidly forgot to circle IS. I did not circle IS NOT either, however (not sure if that matters...).

I told the tenant he could stay for one more month (He has been there for almost a month as of today.) because I felt bad about his situation. Despite this, the tenant's father, a lawyer, has threatened to sue me if I try to make the tenant leave.

To make matters worse, the tenant's roommate is complaining about him smoking marijuana, doing drugs and inviting friends over every day.

Under this situation, am I liable to be sued for anything? What options do I have? If the condo association evicts this tenant, can he take any legal action against me?

Sorry, but by failing to obtain HOA approval before signing a lease, you screwed up. You can't backdate the lease or amend it without your tenant's agreement and approval, and it's highly doubtful that they would shoot themselves in the foot like that.

I'm unsure if the condo association has the power to evict your tenant due to your lack of approval, but if they do, YOU will end up liable. I just know that YOU have no authority to break the lease yourself without penalty based solely on the information you provided. If, however, you can prove that your tenant has violated the lease in any way, then and only then MIGHT you have a way out of this hole you have dug yourself into.

 

[OHRoadwarrior]

I would look for a clause in the lease, to evict for the drugs.

 

[chungifei]

Sorry, but by failing to obtain HOA approval before signing a lease, you screwed up. You can't backdate the lease or amend it without your tenant's agreement and approval, and it's highly doubtful that they would shoot themselves in the foot like that.

I'm unsure if the condo association has the power to evict your tenant due to your lack of approval, but if they do, YOU will end up liable. I just know that YOU have no authority to break the lease yourself without penalty based solely on the information you provided. If, however, you can prove that your tenant has violated the lease in any way, then and only then MIGHT you have a way out of this hole you have dug yourself into.

Do you know what sort of liability I might be facing? I realize I am responsible for getting myself into this situation and am kicking myself for it.

 

[chungifei]

The unit smells strongly of marijuana, and the roomate took pictures of the marijuana and other illegal substances the tenant is using. The lease does not mention drugs specifically but surely use of illegal drugs can be considered grounds for eviction?

 

[sandyclaus]

If condo evict tenant what liability would i have? If they sue me what would be the worst case?

You would be held liable for the same damages the tenant would incur as if you had evicted themselves. Any/all costs associated with finding a new place including screening fees they might pay, moving costs, storage costs if unable to find a new place before the eviction takes place, temporary housing costs, to name just a few.

if i evict the tenant by drug, what should i do and how should i approve that he is doing drug?

Don't count on the drug issue to get you off the hook. Just your suspicion isn't enough. You have to have SOLID, IRREFUTABLE evidence and with your failure to obtain HOA approval, such an accusation could appear questionable, as if it is an excuse to get them out of there legally (which I suspect may actually be the truth).

The fact that your other tenant doesn't like this person may taint their witness testimony about seeing the drug use. Catching them in the act, or having police raid the property (with the appropriate PROBABLE CAUSE) and finding drugs on the property would be the best.

 

[LillianX]

And, mind you, as sandyclause pointed out, this is only if you have an illegal activity clause in your lease. Otherwise, you can't evict them on suspicion of illegal drug use. Your tenant will have to be CONVICTED of it... then you can do so.

That's a hint.

 

[OHRoadwarrior]

You could always take the pictures, show them to police and ask them to investigate. Do you have any applicable illegal activity clauses in your lease?

 

[chungifei]

You could always take the pictures, show them to police and ask them to investigate. Do you have any applicable illegal activity clauses in your lease?

I do not see any illegal activity clause in my lease. But i do have the pics.

 

[LillianX]

Your pictures are pretty much useless. The only way you're going to evict him over the illegal drugs is if he is CONVICTED for them. Again, that is a big hint as to what your next step should be.

 

[xylene]

You should get a lawyer immediately. TODAY.

The other advisers are ignoring at least two prospects in Florida landlord tenant law as well as criminal law that give you the opportunity, in fact obligation to evict this undesirable.

 

[chungifei]

You should get a lawyer immediately. TODAY.

The other advisers are ignoring at least two prospects in Florida landlord tenant law as well as criminal law that give you the opportunity, in fact obligation to evict this undesirable.

what is the two prospect do i have?

 

[sandyclaus]

You should get a lawyer immediately. TODAY.

The other advisers are ignoring at least two prospects in Florida landlord tenant law as well as criminal law that give you the opportunity, in fact obligation to evict this undesirable.

I'm curious as to what these two prospects might be as well.

If we are talking about the smoking marijuana or doing drugs, there would need to be irrefutable proof of this in order to use this basis to evict the tenant and/or break the lease. A mere accusation is not proof. Photos or video of the acts committed within the rental premises, or independent witnesses present during the the commission of these acts may be considered, but without SOLID PROOF, the LL is asking for trouble. As for the potential for criminal prosecution, such evidence would be needed as well, but at least the witness testimony could be considered probable cause for a police investigation.

Without this proof, all the unfounded accusation does is act to cloud the real reason for the eviction - the fact that you failed to obtain HOA approval before signing a binding lease with your tenant. Any reasonable judge would see right through that.

 

[chungifei]

The real reason is that the roommate does not like him and drug in the apt. his friend come over all the time at unreasonable time disturb the roommate.

Can I evict him by that?