A question by : We signed our lease about a month ago and just last Tuesday the Management company told us that the HOA informed them that the house cannot be rented due to regulations. The Management told us he had a solution so that we could stay we could sign a Land Contract Wich would mimic our lease.?
Answers
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“I would consult an attorney. I do not think they can get you out since the lease is signed. At the most the landlord is in violation of the HOA and can get a fine, but that is his problem not yours.
That being said, if you have any lease violations or problems with neighbors, they will use that to get you out, so make sure you have not extra pets, people and you take out the trash, etc.
In the meantime, see if you can find another place, and see if the landlord will pay for the move and return your full deposit. do not give notice!
The landlord can ask the HOA for a 1-time waiver until the end of your lease. this is what will end up happening. your lease won’t be renewed.”
Anonymous
“I’ll presume the LL is correct in saying the HOA does not allow renters. However, make the LL show you the paragraph. He may be using that as an excuse to get you out, then again, maybe the HOA has power over the use of the LLs property. The HOA may have power over the lease you signed. In any case, you’ll get 100% of your deposit back. You’ll still have to pay rent as there is no free lunch. Contact an attorney. If you break a lease, you could be liable for 3 month’s rent. Maybe the law might work in your favor for 3 month’s rent for liquidated damages (not likely, but you can hope).
Restrictions to rental must be reasonable and in line with the HOA goals. I would think that rental restriction could become a financial burden to a homeowner who has to relocate due to a job change or reassignment. That’s why you need proof of the restriction and a lawyer to protect yourself. If this was a recent change to disallow rentals, then the unit you are in must be grandfathered otherwise the LL would be forced to sell his property in a down market.”
Anonymous
“This is a legal problem that will probably have to be solved in court as each side will feel as if they have been shafted if they would be required to give in.
It appears as if you (the renter) have a lease they cannot be enforced by your landlord. Your landlord knew in
advance of this restriction that rentals are not allowed in this complex. Even if your landlord is ignorant of the
information, this is no excuse.
There are currently restrictions on the renting of condo and townhouses. A condo or townhouses must have 10% or less of the complex rented before you would be approved for a mortgage loan to purchase or sell in this complex. Therefore, if you are required to move based on an emergency or relocation because of a job you would be required to make other financial arrangements as you are not able to sell you condo nor rent it.
This is a HUD requirement, however, since most mortgage loan notes are sold on the secondary money market, your conventional mortgage lenders observe the same practice.
You have been offed a solution of signing a land contract as if you were purchasing the rental. This would legally solve the problem. You might consider this as a solution and remain where you are.
You have indicated you have no funds to relocate.
Many have offered a lot of solutions. You might request your landlord to pay the expenses of you moving to
include the first and deposit of a new rental. they would normally respond; we were not aware that we could not rent the place. We would give you your deposit back to you.
If you would want to contact the local landlord tenancy group or the legal aid society for advice or information about your situation, normally these two agencies would offer you legal information at no expense to you. You would have to Google for these two agencies followed by the city and state in which you reside.
You also may find an attorney that would be willing to defend you legally and collect a part of any settlement you might win in a court of law. Contacting an attorney would not cost for the consultation.”
loanmasterones
“The HOA can fine the landlord, but that doesn’t get the landlord out of the lease. Do not give them any notice whatsoever!!! You have them beat in this situation.
You still need to pay rent, to avoid an eviction for that reason. I would have them pay for moving expenses, first month’s rent at a new place and to void (both of you sign, one copy for each party) the existing lease. You can even demand cash from them, I would.
They acted foolishly and ignorantly…you should not be inconvenienced as a result. 95% of the time on this site, I side with landlords, but they clearly screwed up in the situation.
I would work with them and make some cash out of the situation, but you are within your rights to remain in that property for the duration of the lease, as long as you don’t breach the contract in any way.”
Anonymous
“If the complex in which you live as a tenant, has a restriction disallowing all owners to rent out their units,
and the owner has contravened this restriction, then legally, you had NO lease in the first place.
Therefore, the fault lies with the owner. Start from there with your claim. Do not sign ANYTHING. Keep your
rent paid on time. Do not cause any problems within the premises or the amenities so as not to hasten your
removal. No noisy children, no pets, no problem visitors, no overnight visitors. Nothing to attract negative
Attention. You did not do anything illegal. The owner and management caused this and now the management
is trying to wriggle out instead of admitting their unprofessional mistake.
Claim compensation, and moving costs, but sign nothing. Begin your search for a new home, but don’t rush.
Don’t settle for less.”
Anonymous
“How long is your lease term?
My understanding is that the HOA has no legal authority to evict you. They can certainly fine the owner of the property for violating the agreement, but your lease is a legally binding contract between you and the homeowner.
That being said, leases are broken all the time. The law in most states is designed such that whomever breaks the lease must make the other party “whole.” I don’t believe your landlord can evict you simply because he wants you out. You are in a pretty good “cash for keys” negotiating position because those HOA fines are going to be expensive for him. You should not have to give the notice since the owner was in violation of the lease. In fact, you could possibly sue in small claims court to recover moving cost. Tell the management company you require a written notice from them or the owner outlining the reason for breaking the contract. You will need this if you go to court.”
Anonymous
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