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I rented a house and after I signed the lease and moved in, the landlord presented me with a second contract and list of HOA rules?
That says I'll follow a bunch of rudiculous rules and pay fines if I don't.
After reading through them, I told him I couldn't comply with all of these and that this shoild have been presented before I signed a lease and moved in. I told him I'm unwilling to sign it.
Now he gave me a 3 day notice to sign the additional agreement or quit and move out, but he still expects me to pay rent until he gets it re-rented.
Can he actually evict me for this? If I move out, would I actually be on the hook for rent until he finds a new tenant? I feel like he hid this from me because the hoa rules are unreasonable.
21 Answers
- Anonymous8 hours ago
This is a bit of an impossible situation for him, because as an owner he is bound by the HOA rules and that makes him responsible for his guests'/tenants' violations. He shouldn't have let you get that far but can't let you stay unless you play by rules he can't control. Since the unreasonable demand was not disclosed before you signed the lease is fraudulent and void. But check with an attorney on that. ;)
- garryLv 69 hours ago
he cant , tell him you signed the lease so honor it or we will see you in court and the owner will pay all legal costs .
- Ron AkiaLv 71 day ago
All of the terms of the lease should have been specified on the lease you signed. If you have a valid lease, the landlord can't change it.
- SlumlordLv 72 days ago
I'm just guessing on this one, though its an educated guess.
You have to follow the hoa rules same as everyone else but there is no contract you would have to sign about this. Assuming he just made up with 2nd contract, he can't evict you for failing to sign it.
I would tell him that you'd be happy to leave if he refunds your deposit immediately as well as any rent for time you were not there (if this is true - otherwise just tell him you are neither signing the new contract or leaving). Otherwise you will go to eviction court and explain to the judge that you were not made aware of the 2nd contract beforehand and I assume the judge will force the landlord to refund this money (or else toss out the eviction).
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- Christin KLv 72 days ago
It will depend on exactly what those rules are and why you feel they are "unreasonable". If you weren't given a clear understanding of what ANY rules would be before signing that lease, then I think you may have a case for moving without financial penalties--but you really didn't give us enough details to be able to tell you anything more. I have no idea if you can be evicted--it would depend on the circumstances. He obviously was trying to keep you from seeing these additional regulations before you signed--which is not legal. But other than that, we can't give you further info.
- sunshine_melLv 72 days ago
Nope.
The original lease is instantly and legally binding. He has no way to make you sign the second agreement.
The HOA rules however are something you will have to follow.
- babyboomer1001Lv 72 days ago
Most people don't have to sign anything in addition to the lease. They are expected to follow HOA rules and all fines would be passed on to you - the tenant. Fines tend to be by day - they are at ours - $10 to $15 fine per day that the violation remains in violation. Moving out is your best option, but I don't see how the landlord can "reasonably" continue to charge you after one month. If I were you, I'd text him about not showing you the HOA rules before you signed the lease, and not telling you that you were in an HOA and had to comply with those rules. His admittance might save you in court, if he decides to sue you. Don't be afraid to consult with an HOA lawyer if you can.
Source(s): HOA familiarity. - linkus86Lv 73 days ago
The landlord can't evict you for refusing to sign the addendum agreeing to pay fines for breaking the HOA rules. But certain rules can be imposed after the fact with proper legal notice (typically 1 month), and if you break those rules the landlord can evict you for being a nuisance.
In addition, if the landlord gives you a notice to quit, you have no legal expectation to pay rent after the notice period.