Leasing of Condominium Units
My Condominium Association has a very liberal leasing policy with few restrictions including number of occupants per unit, lease requirements, vehicle registration, and pet size/weight.
Florida Statute & PBC Information on Rentals
- Per FL Statute 718.106 (4), When a unit is leased, a tenant has all use rights in the association property and those common elements otherwise readily available for use generally by unit owners, and the unit owner forfeits those rights except as a guest.
- Per FL Statute 718.116(11)a, If a unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due the association, the association can demand that the tenant pay the association the rental payments due and continue such payments until all of the owner’s monetary obligations are satisfied. Delinquency for rental purposes is defined as overdue payments for late fees, interest, attorney fees and assessments as of the rental application date.
- Per FL Statute 718.303(4), The Association has the right to deny delinquent owners and their renters/guests use of common facilities and services including swimming pools, tennis courts, etc. However, no tenant shall be denied access to any available franchised or licensed cable television service.
- Palm Beach County - Condominiums rented or leased for 6 months or less in Palm Beach County, require collection of a Tourist Development Tax equal to 6% of the total taxable rental receipts. Failure to collect and pay this tax and the 7% sales tax on unit rentals is a theft of state funds and carries felony charges.
Tenant's Rights
FL Statute 718.106(4) says “When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.
Rental Restrictions
- Parking permits are required for all vehicles that park overnight on association property.
- Rentals must be for at least 30 days except for several holiday rental exceptions.
- All rentals must be reviewed and approved in advance by the Association.
- Unit sales require a $100 transfer fee, 1st time renters of a unit are charged a $75 processing fee, and owner Guests not residing with the owner must pay a $25 fee.
- “The number of persons occupying a unit will at all times be reasonably related to the size of the unit.” Occupancy is limited to 4 persons for a one-bedroom unit and 6 persons for a two-bedroom unit.
- “No truck, van, pickup, tractor, recreational vehicle, or loud or noisy vehicle, machine or device shall be used, operated, stored or parked in any unit, parking area, street, or other portion of the condominium property” except for short-term delivery and contractor vehicles.
- “Domestic household pets not to exceed 20 pounds are permitted” but when outside the unit, they must be on a leash or under the owner’s direct control.
Agencies that Rent Condo Units
The following agencies rent units in My Condominium Association:
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