Deed Restrictiom - No landlord & tenant relationship

Deed Restrictiom - No landlord & tenant relationship

New to Real Estate · Corbin, KY · Member since 2020 · 6 posts · 7 votes

When we bought our house a couple of years ago, I never had the thought of renting it out rather than selling it. My only roadblock is there is a deed restriction that states "No use of said property pursuant to rental agreement (oral, written, or otherwise) or other landlord - tenant relationship. Is there any way around this? How can this be enforced if I own the property? Would the bank get involved?

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  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Seth Botner, I think this link explains it pretty well in general.

    https://www.legalmatch.com/law-library/article/deed-restrict...

    Here is the pertinent excerpt:

    Who Enforces Deed Restrictions?

    Generally, if there is a single deed restriction, only the individual or body who created it can enforce it. For example, if a state enacts a law that prohibits individuals from having boats on their property, the state would then enforce that restriction.

    If the restrictive covenant governs an entire condominium building or a subdivision, they are enforceable by one or all of the property owners in that community. For example, if an HOA establishes a rule regarding exterior paint covers, deed restriction enforcement would be with that HOA.

    It is important to be aware that liability for breaking a covenant rests with the titleholder to the property, even if that individual is not the one who technically engaged in the deed restriction violations. It is also important to note that not all deed restrictions are enforceable.

    A deed restriction may be illegal if they violate the Constitution. For example, if there is an old restriction on a deed which limits the property ownership only to caucasians, it would not be enforceable because the Constitution forbids this type of discrimination.

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