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Rent Demand Letters – Fl...

Rent Demand Letters – Florida

rent demand letter orlando flIn situations where the delinquent property owner is renting the property to tenants, Chapters 718 and 720 of the Florida Statutes give the association the right to demand the tenant pay rent to the association instead of the property owner. HOA rent demand letters must comply with section 720.3085(8), Fla. Stat, which requires, among other things, that the demand for rent be sent by U.S. Mail or hand delivery and contain the following statement:

“Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise. Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (address where the association receives mail), payable to (name of the association). Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.”

Condo Association rent demand letters must comply with section 718.116(11), Fla. Stat., which requires, among other things, that the demand for rent be sent by U.S. Mail or hand delivery and contain a statement in substantially the following form:

“Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise. Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to …(full address)…, payable to …(name)… Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association.”

If the tenant refuses to pay the rent, the association can evict the tenant as if it were the landlord.

For more information on rent demand letters and to see what other options may be available please contact us.

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