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Renter Rights in Homeowner Associations - 6/28/2000 - Multifamily Landlord Tenant Commercial Buildings

Renter Rights in Homeowner Associations

by Richard Thompson

The phrase "absentee landlord" conjures up images of the "tenant from hell" and an owner who could care less what happens. However, both are myths... both want the highest return for their investment. What benefits the homeowner association will also benefit them.

The Board can take some steps that will help assure a more successful tenancy. It is reasonable to want tenants and landlords to comply with the rules. Of course, the tenant has to know what they are in order to do that. Remind the landlord that the tenant is bound by the same rules as owners. Include renters with other new residents who receive information summarizing the rules and amenities.

Landlords should provide the Board with:

  • Name of the tenant, emergency number and contact
  • Car information (make, model, plate number)
  • A copy of the rental agreement that lists the association rules as a condition of the agreement

The last item is the most important because it places the burden on the landlord to advise the tenant of rules and requires that the tenant acknowledge receipt of that information.

Landlords also should:

  • Perform background checks on prospective tenants
  • Gather references from previous landlords (not the present one, who may have a vested interest in getting this tenant out)
  • Understand the landlord tenant laws.
  • Make sure to identify all occupants in the lease; and
  • Be clear in the rental agreement about requirements for pets, parking and other association rules.

Tenants are not second-class citizens. Treated like members of the community, they will probably act the part. Integrating them as neighbors, they will take care of the property and respect the neighbors. Treat renters like owners and all win.


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