I just moved into condo did everything landlord asked. Signed lease and association is owner approval so I was able to move in right away. I didn’t sign anything for association to do background check or needed approval from association. It’s been over a month now landlord called and said association did background and I have to move out. Can the association do this?
Hi @David Clouser ,
I recommend speaking with a local real estate attorney. My guess is that the association has bi-laws and your lease subceeds to those bi-laws (which explains tenant background requirements), which your background disqualifies you from living in that community. Get a hold of the Rules and Regulations and Bi-Laws from the association. That document will go over what is required of the owner and any tenant procured, and maybe find some information on the process the owner ignored to make a case against your landlord.
From your side of the story, sounds like your landlord is a total amateur. They should have run your background first, and have similar or more requirements than those of the association.
This is not going to be legal advice, but your contract is between owner and yourself. You have no dealings with the HOA, and thus no right to see HOA bylaws, unless that are volunteered to you by owner. Furthermore, I don't think you need the bylaws. They are an agreement between the owner and the HOA. Looks like landlord signed a contract agreeing to provide housing to you, before he actually had approval to do so. This is not your problem and you should not suffer from it. Landlord has a contractual obligation to provide you housing, and thus cannot kick you out. While you live there, he will be incurring fees billed by his association, because he has broken his contractual obligation with them.
My suggestion is to ask the landlord what he is willing to pay you in order to breach his contract with you. Remember, if you walked out he would probably try to bill you a lease break fee of one months rent, or even try to hold you to the full length of the lease. Fighting to stay there is likely to be a futile battle as he will just make you uncomfortable for the length of your lease, and you have to leave at the end of it anyway.
Of course, this all assumes your lease does not have any weird clauses that state it is void in the event HOA deems you unfit for the community. Even if it has this, I doubt it would hold up in court.
If you want to get state specific, local, legal advice you can try to find out if your town has free/reduced priced legal aid for tenants. Many jurisdictions have some sort of self help/legal aid for tenant/landlord disputes.
Do I continue to pay rent rent through this time? I’ve never had to deal with this as it’s my first time renting from a private owner association. what do I do in the meantime ? I literally just moved in little over a month ago.