G.Q. from New Haven County writes:
Dear Mister Condo,
Can a condo association evict an owner’s tenant?
Mister Condo replies:
G.Q., depending on the by-laws of the association, it is quite possible although it is not a simple process. State laws and local laws also come into play. The by-laws spell out acceptable use of condo units. Let’s say a unit is being used for an illegal activity, like producing drugs. The association has the right to protect itself from this illegal activity and can take actions that would lead to an eviction. If the offense is far less serious like the renter plays loud music, the association can take steps against the unit owner, which might motivate the owner to evict the tenant. Eviction is a serious matter and should be handled with the assistance of an attorney. If the association has an attorney, this is a perfect example of when to use him or her. Of course, the ideal situation is for the tenant to act in accordance with association rules, which the tenant typically agrees to when they sign their lease. All the best!
It’s all about the bylaws. If the governing docs permit the association to have a say in the rental process then they should produce a lease that says eviction can happen if the renter breaks certain rules. Then if the tenant is out of line the association can ask the landlord to evict said tenant or if the lease stipulates it the association may. I also suggest that the board fine the landlord over tenant transgressions and that should go a long way to cure the problem.