How Much Can A Condo Charge For Rental Applications?

How Much Can a Condo Charge for Rental Applications? The The Florida Condo Act prohibits Condo Associations from charging renters more than $100.00 per applicant or $150.00 per married couple. Specifically, Florida Statue 718.112(2)(i) states: “No charge shall be made by the association or any body thereof in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” 

This includes such items as clerical fees; background, credit, and screening checks; elevator fees; and both move-in and move-out charges. However, no fees can be charged if the lease is a renewal of a lease with the same tenant. This prohibition and limit on fees only applies to the rental application and the association may have the authority to charge the tenant a security deposit, in an amount not to exceed the equivalent of one month’s rent, that is deposited into an escrow account maintained by the association but only if the association’s declaration or bylaws grant the association this authority.

So how much can a condo charge for rental applications is a question that the Florida Condo Act specifically and clearly answers, however, far too often condo associations overcharge potential tenants and/or the unit owners who are attempting to rent their condo units. The unfortunate result is usually the condo owner is either unable to rent their unit or finding a potential tenant who can afford the high rental application fee charged by the condo association takes a longer period of time, both of which harm the condo unit owner from the loss of rental income. Contact Ferrer Law Group as we may be able to help if you have been the victim of overcharging.