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Owner rented out without HOA approval, violated their rental cap policy. Owner now asks tenant to vacate. Is Tenant at fault?
Anonymous4 views2 answers
We moved in to a condo few weeks back for a 18 month lease. Rent for first month is already paid and owner also has 1.5 months security deposit. Now, HOA sent a notice to the owner that she/he has violated rental cap policy. It seems according to HOA rule, owner should get a written approval before renting it out, and there can only be certain percentage of homes that can be rental homes at any point, this owners house violates that policy.
Owner is asked to comply with policy or pay a fine for every day that owner doesn't comply. Owner asks us to vacate. Owner agrees to return rent and deposit. It is emotionally stressful for us to move again and there are moving expenses.
Is our contract still valid? Can we continue to stay?
The HOA can do this. Contract is not valid as it is not possible to perform. Since he's returning rent and deposit, comply and move before eviction proceedings are initiated and your credit is ruined. You have no legal recourse against the HOA, but you may against the owner for any damages you can prove were caused to you since he is the one at fault here. Again, since he's giving you your money back, I'd just move. Perhaps you can demand he pay for the moving expenses.
If you stay in the condo, you will eventually be evicted, even though you are not at fault. As previous poster noted, the contract is impossible to perform. If you move, you can sue your landlord for the trouble and expense occasioned by their failure to check first before renting you the condo. Court cases, even small claims, take time. But if you keep track of your expenses then you likely can recover your damages. Elizabeth Powell
