Home Owner Wants His Property After Signed Lease with Tenants

[Mark Dowsett]

Hi everyone,

I run a property management company out of Tampa, Florida and I have a quick question. I have a client that has just decided to separate from his partner and has asked me to "remove his listing". That being said he knows that we have signed a lease with prospective tenants with the lease being contingent on HOA approval. (This contingency was not written into the lease, but was stated on the HOA rental app.) We would more than likely receive approval/denial this week.

Being that this is the first time I have run into an issue like this I want to make sure that I do everything correctly. Does the lease bind the renters to the property with the owner being SOL or does the homeowner have the authority to take back possession of his home thus making the renters SOL? 

Let me know your thoughts and as always thank you in advance for your responses.

sincerely,

Mark