Can a Condominium Association Evict an Unruly Tenant?

Condominium living requires people to live in close proximity, making compliance with shared rules essential to maintaining peaceful, safe, and healthy living conditions. When a tenant of a unit owner violates those rules—through destruction of common elements, violent outbursts, or other disruptive conduct—the impact often extends far beyond a single unit. One unruly tenant can affect an entire community. While unit owners are typically responsible for their tenants, Florida law recognizes that Associations must have effective tools to protect the community when owners fail or refuse to act. Under the right circumstances, an Association may do more than impose fines or suspend amenities. With proper authority, an Association may step into the shoes of the unit owner and pursue eviction through a summary possession action. In more serious situations, the Association may also seek injunctive relief to remove a tenant and prohibit them from returning to the Condominium property.

Generally, an Association is not a “landlord” and does not possess inherent eviction authority. However, an Association may act as an owner’s agent when the governing documents or lease approval agreements expressly authorize it to do so. For this reason, every Association should require tenants to execute a lease addendum authorizing the Association to enforce the governing documents and, if necessary, to act on behalf of the owner in eviction proceedings. When such authority exists, the Association may pursue eviction proceedings under Part II of Chapter 83 of the Florida Statutes, which governs residential landlord-tenant evictions.

With the proper authority via a lease addendum or condominium declaration, upon a tenant’s unruly, violative conduct, the Association can step into the shoes of the owner and proceed for a statutorily expedited possession action. Acting as the owner’s agent, the Association may terminate the lease by serving the required notice—either seven days to cure if the conduct is curable, or seven days’ notice to vacate if it is not. See Fla. Stat. §§ 83.56(2)(a)–(b). Upon termination, the Association may file an action for possession under section 83.59, which is entitled to summary proceedings under section 51.011. See Fla. Stat. § 83.59(1)–(2). Summary proceedings require the court to advance the case on its calendar and impose abbreviated pleading and response deadlines, expediting the action’s resolution.

In situations involving threats to safety, illegal activity, or conduct that cannot be adequately addressed through summary possession proceedings, an Association may seek injunctive relief. See Fla. Stat. § 718.303. Injunctive relief can not only remove unruly tenants but also prohibit them from returning to the Association property. Section 718.303 expressly authorizes Associations to bring actions at law or in equity against tenants and other occupants for failure to comply with the Association’s governing documents, regardless of whether a lease addendum or lease exists.

To obtain a temporary injunction, an Association must establish: (1) a substantial likelihood of success on the merits; (2) a likelihood of irreparable harm; (3) the unavailability of an adequate remedy at law; (4) that the threatened injury outweighs any possible harm to the opposing party; and (5) that the injunction will not disserve the public interest. Un Monde Nouveau, Inc. v. YMCA of S. Fla., Inc., 365 So. 3d 461, 462 (Fla. 3d DCA 2023). A permanent injunction requires a showing of a clear legal right, an inadequate remedy at law, and irreparable harm absent injunctive relief. Blue Condo. Ass’n, Inc. v. Blue Grouper Ventures, LLC, 397 So. 3d 1136, 1140 (Fla. 3d DCA 2024). Florida courts have stated that violations of an Association’s governing documents constitute irreparable harm as a matter of law. Briarwinds Condo. Ass’n v. Rigsby, 51 So. 3d 532 (Fla. 3d DCA 2010).

Whether by pursuing a summary eviction or seeking injunctive relief, Condominium Associations are not powerless when tenants are threatening the community and owners refuse to act. If you find yourself dealing with an unruly tenant and an uncooperative owner, Haber Law can help you navigate your options, through the summary eviction or injunction processes, and ensure your rights and residents are protected.