Can an HOA Legally Evict a Tenant in Florida?

When it comes to tenant evictions in Florida, the role of homeowners’ associations (HOAs) can be a topic of discussion. HOAs thrive to maintain the integrity and harmony of communities, but can they legally evict a tenant? Let’s explore the laws and regulations surrounding this issue in the Sunshine State.

Understanding Florida HOA Laws

Florida has specific legislation, known as the Florida Homeowners’ Association Act, which governs the functioning and operations of HOAs. However, the Act does not grant HOAs direct authority to evict tenants. Instead, they typically rely on their established power to enforce community rules to address tenant violations.

Enforcing Community Rules

In Florida, HOAs have the right to enforce the community’s rules and regulations. These rules are outlined in the governing documents, such as the Declaration of Covenants, Conditions, and Restrictions (CC&R). These rules apply to both homeowners and tenants, and violations can lead to penalties, fines, or other consequences. However, eviction is not an inherent power of HOAs in Florida.

When Eviction is Necessary

In situations where tenant violations persist, and lesser measures have failed to resolve the issue, the HOA may need to turn to legal action. This action typically involves working with the property owner, who has the legal authority to terminate the lease and initiate the eviction process through the court system.

Legal Steps for Eviction

When an HOA needs to proceed with eviction, they often collaborate with the property owner, who must follow certain legal steps:

  • Filing a formal notice to the tenant, specifying the violation and providing a timeframe for resolving the issue.
  • If the tenant fails to address the violation within the given timeframe, the property owner can file for eviction in the appropriate Florida court.
  • The court will evaluate the case, and if the violation is proven, they can issue a judgment for eviction.
  • A sheriff or constable will then carry out the eviction process, removing the tenant from the property.

Seek Legal Advice

As HOA tenant evictions can involve complex legal procedures, it’s crucial for both HOAs and property owners to seek legal advice and guidance. Consulting with an experienced attorney familiar with Florida HOA laws will ensure compliance and navigate through any potential challenges that may arise in the process.

While HOAs in Florida cannot legally evict tenants directly, they can enforce community rules and work with property owners to resolve tenant violations. By following the appropriate legal steps and seeking legal guidance, HOAs and property owners can address persistent issues and maintain the desired standards in their communities.


Can an HOA evict a tenant without going through the court system?

No, an HOA cannot evict a tenant without involving the court system. The property owner, not the HOA, has the legal authority to initiate the eviction process and must follow the appropriate legal steps to obtain a court judgment for eviction.

What can tenants do if they receive an eviction notice from an HOA?

Tenants who receive an eviction notice from an HOA should review their lease agreement and consult with a tenant’s rights attorney. It’s important to understand the specific terms of the lease and explore legal options to challenge the eviction or negotiate a resolution with the property owner.

Can an HOA impose additional penalties or fines on tenants during the eviction process?

While an HOA can impose penalties or fines for tenant violations, they generally cannot increase penalties or impose new fines during the eviction process. The assessment of penalties or fines must follow the procedures outlined in the governing documents and be consistent for all residents, regardless of their eviction status.

Are there any exceptions to the general rule that HOAs cannot evict tenants in Florida?

While HOAs in Florida do not have the inherent power to evict tenants, there can be exceptions in certain situations. For example, if the governing documents explicitly grant the HOA the authority to evict tenants, then they may have the legal ability to do so. It’s crucial to carefully review the governing documents and seek legal advice to determine any exceptions that may apply.


When it comes to tenant evictions in Florida, HOAs do not have the direct legal authority to evict tenants. Instead, they can enforce community rules and work with property owners to address tenant violations. It is crucial for both HOAs and property owners to understand the specific laws and seek legal guidance when navigating the eviction process. By following the appropriate legal procedures, communities can maintain harmony and uphold the desired standards.

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