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Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 day ago

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?

Updated 1 day ago:

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.

6 Answers

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  • 10 hours ago

    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. 

  • Anonymous
    24 hours ago

    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.

  • Anonymous
    1 day ago

    You could just not move out and follow your lease to the letter and let the landlord make an offer once he realizes that he is responsible for the fines.  

    In most states, HOAs have no authority to fine anyone else.  Homeowners would be liable for their giests.  My major concern is that the HOA may try to tow your car.

    I disagree with people saying you shouldn't ask for moving expenses.  Of course you should get moving expenses if you have to move out near the beginning of your lease due to the landlord's mistake.

  • Anonymous
    1 day ago

    I'd love to see this mysterious question that was already asked and answered, this clearly is not the same as the original....original asked if OP was to sign modified lease, this one asks what OP should ask for since the landlord can't adhere to the lease as is (or the landlord will be heavily fined).

    NO THE LANDLORD CANNOT JUST CLAIM HE VERBALLY TOLD YOU NO DOGS..that is absurd.....unless he has a recording of that conversation, he cannot prove that was said and the burden is on him.  At least in many states, if the lease doesn't say no pets, pets are allowed without restriction. 

    the lawyer advice is in line with typical law....go with the lawyer on this one, not someone's hunch.  Unless this is a gated community, it is plausible you didn't know it had an HOA.  i get the impression this involves a single family house.  and yes your lease protects you from being evicted over parking in the garage, having a dog you were allowed to have per the lease, the kids playing in the yard

    are you really saying you had no clue there was an HOA?  you are being too greedy, but it you are willing to start with that demand and negotiate down, you have a chance.

    what about kids toys in the yard?  as long as the kids are actively playing with them, they can be there.  The fair housing act says it is familial status discrimination to not allow kids to play in what is actually an appropriate play area. (they can go in for lunch or a break, but need to be out away once done for the day).

    realize that you would have had to pay moving expenses in a year anyway since your lease would not be renewed....but you could argue you weren't planning on this expense so soon and normally would have had a year to set aside funds.  you could potentially get some help with the expense.

    one thing to think about is the cost of the new place.  if this place is a particularly good value, will you have to pay more elsewhere?

    did you pre pay last month rent when you moved in?  are you able to be out on April 30?

    common penalties for early termination of a lease is 2 months rent.

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  • 1 day ago

    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. 

  • 1 day ago

    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.

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