I asked a question a few days ago, but have consulted with a lawyer now. My landlord didn't give me HOA rules nor does the lease mention?
The hoa at all or their rules or fines.
When the landlord gave me a 2nd agreement to sign, I read the rules and fines and refused to sign it as the rules are a big game changer for me.
The lawyer gave me a free consult and said that because I didn't agree to the fines, the HOA will fine the landlord and I am not liable for them. Typically, the lease would obligate me to pay his HOA fines, but it doesn't. He said that i should negotiate to terminate the lease, but that the landlord should be required to buy out my lease and provide for moving expenses. He put himself in a hard place because he currently can't evict me even though he is likely to incur daily fines for my cars and dogs.
I want to ask the landlord to pay 3 months rent, my deposit and about $300 in moving expenses, which is about what I paid to move here. Does that sound fair to get him out of potentially paying daily fines for violations on his property that don't violate the lease?
2021-04-07T15:31:20Z
The HOA was not disclosed to me at all. The rules were given only after I had moved in. The major issue is my dogs, my kids, and my cars. The HOA bans my breeds and the HOA puts serious restrictions on kids toys in the yard like their plastic playhouse and bikes, and forbids parking in the driveway, which is a problem because I have 2 cars and a one car garage.
From the lawyer, thd HOA's rules are enforced against the property owner. His lease failed to make me responsible for fines.
Nuff Sed2021-04-09T16:45:40Z
If the landlord gets to the point of wanting to sue you, he has the burden of proving the content of the original agreement in its entirety. Oral "additions" are generally excluded by the concept of "merger clause" or "integration", meaning you both agreed that ONLY the written contract existed and no other "side deals" are binding on either of you.
Someone said, "you can't prove the landlord said something". Actions speak louder than words, for things left unsaid, and it's the landlord's job to prove otherwise, if it sounds in his favor but wasn't written into the contract.
There's being compensated for moving out because of undisclosed restrictions, and there's taking the mick for doing so.
Proper recompense for surrender of your lease is closer to ONE month's rent and your moving expenses. You get your deposit returned if the current place is surrendered clean and undamaged.
It's also your dime if your second car is towed, not the landlord.
One thing you weren't clear about is the dogs. Does your lease say anything about them? Was the landlord aware you have them and what breeds they are? If you didn't give full disclosure of the dogs and breeds, part of this is on you. Sure, he should have asked, but that doesn't change the fact that this should always be mentioned. I bring this up because I do think your offer to him seems a bit over the top. For one thing, it's a guess how often the fines are imposed, and your logic is based on them being imposed daily. Anyway, I might leave the moving costs off. Approach this as a problem the 2 of you have together, not how much he owes. For one thing, unless you have a place already lined up, you may need to stay there an extra month or 2. There's no reason for him to pay YOU for that.
Your lawyer said very simliar to what I did when you 1st asked the question. They cannot make you sign a new agreement mid lease, they cannot impose rules & fees not stated in the lease and you are not responsible for the HOA fines that were not properly disclosed. They cannot evict you for refusing to sign or for violating rules not in your lease.
No that is not fair and way to much for a buyout. The fee you ask for cannot be retalitory or punative. What he has to pay you to break the lease has nothing to do with what you paid to move in. It should be the same fee you would have to pay to break the lease. He legally has to refund the deposit less any needed cleaning or damages = you cannot include that because it would be getting double your deposit back which you are not entitled to. You are also not entitled to any rent amount back. You are not entitled to moving costs.
It will ultimately be up to the judge what he pays but they will not look to kindly on a greedy amount.
Let us assume your lease is silent on the issue of pets and you have a dog. Landlord can claim that he told you verbally no dogs. It would be almost impossible for you to prove he did not. Landlord will serve you with an eviction notice for having a dog and the judge would make a decision. Judge might give you the benefit of the doubt and let you stay for 3 months or he might allow the eviction immediately. Either way there would be an eviction on your record. Lawyer is right about negotiation but don't be too greedy. This could go either way.