Florida Laws against Tenant Background Screens?

Question

Hi All,

I recently purchased a condominium in the Florida Keys and plan on renting out the unit this upcoming December. The condo is part of a HOA and the HOA requires that all potential tenants go through a background screening before the Board of Directors are able to approve or deny them.

Is this common? I am more concerned to know if this is even legal in the state of Florida??

Any help would be greatly appreciated!

- Tom

Michael Haynes · Answer

Hello again Thomas Sulz, you want to know if the State of Florida "legally" has anything to say about an HOA rule to do a background check and approval on any potential tenants. I don't know where you live, but, this sounds like something you would have to consider in California or New York where they have Rent Control, not in Florida. I live in Valrico, Florida, Hillsborough County. The rules to consider are the Short Term Rental rules which allow you to do this in the City of Tampa and Not in the County. Each City has there own rules for STR's in Florida. You may be a Lawyer, and you are thinking of this in another way. Would you have a Case against the HOA's in Florida, if the State had a Rule against the HOA's right to do background checks to approve your ability to rent your property to a Tenant. Here is an example of the Power and Control that HOA's have in West Palm Beach. Rush Limbaugh bought his home in an HOA and their rules gave them the Right to tell you What Color YOU Could Paint the Walls Inside Your Home. I live in a small, quiet, gated, 17 unit Townhome in Valrico and the rules do not allow anyone to plant Flowers in the Garden. They mow one week and edge and blow etc. the next week. Keeps the place looking like new with a small pool and low HOA fee. Last week the neighbor lady discovered that they had trimmed the hedges in front and edged all her plants and flowers almost to the ground and she has Nothing to Complain about, because those are the Rules. Also, there are some Developments that have CDD and HOA Rules. If you do a Search on Google for "Complaints and Abuses of HOA's in the US," you will find a boatload. There are thousands of lawsuits against HOA's for all kinds of abuses and thefts.

Darren Byles · Answer

Very common, not only do they run background checks, credit, references etc. Ive seen them request face to face interviews with the potential tenant.

Christopher Rice · Answer

As a follow-up, this is definitely a lawyer item but for reference, this article may be a good start for some additional perspective. https://www.hdlawpartners.com/....

Thomas Sulz · Answer

@Michael Haynes @Christopher RiceOf Course I've done my DD. I have a copy of the bylaws, prospectus, and rules from the HOA. It clearly states that the HOA will do a background check on any potential tenants. My question specifically stated if this was legal within the state of Florida. I am not from Florida and I know that each state has it's own set of rules and laws when it comes to tenant rights/protection. That is great information on the saltwater issue going on but I'm not concerned. The deal that I was able to come by, cash flow, and ROI far outweighs any risk that saltwater may cause in my opinion.

Christopher Rice · Answer

Regarding HOA screenings - completely normal. In laws have a condo in Ft. Lauderdale that used to be their primary years back. 3rd qtr of 2020, previous tenant left and they just got a new tenant at the beginning of November 2021 all because of a years-worth of application rejections from the strict HOA. I'll ditto Michael above - always, always, always, know the specifics of the HOA about what you can and most importantly can't do.

Michael Haynes · Answer

Thomas Sulz, you did not do your Due Dilligence and read the HOA docs? Have you seen that the Keys are experiencing Salt Water Intrusion that is comming up through the asphalt in the roads down to Key West? The Mayor of Key West was in an article a few weeks ago warning that they do not have the Money to raise the roads and repair the damages. You could have bought a nice, big Catamaran and VRBO'd it on a dock down there? Got to be really careful to Invest in Islands that have Flood Insurance and no help from the Government.

Eddy Ogbekhilu · Answer

Hello Tom, I own town house in Tampa as far as I can remember that is part of the process that you have to go through to get the unit occupied. Good luck my men.

Caroline Gerardo · Answer

HOA can do what it wants