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Old 04-29-2015, 04:24 AM
 
4 posts, read 2,667 times
Reputation: 16

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Hello,
My lease expires in July and I had planned on renewing my lease. My landlord called me on Friday (4/24/15) to advise me that the HOA is threatening on not renewing my lease unless I conform to their demands (kicking my son out by 5/1/15). Please keep in mind that I have not violated any of their compliance rules and I have not violated anything in my lease. Their major complaint is that my adult son has been staying with me (since 3/10/15) temporarily until he was able to save and find a place of his own. My lease states that temporary guests are welcome (doesn't specify a time frame) and the HOA guidelines say that Tenant guests/family members are welcome..with no time frame at all. He takes walks but doesn't bother anyone and spends most of his home time in the bedroom watching tv. They claim that the police had been called and that that there has been verbal disturbances...this is a lie...didn't happen. They are complaining that showers are taken at all hours of the night..also a lie..but really does it matter? My landlord (who knew of my sons presence when she visited at Easter and actually lent me a twin mattress for him to sleep on) is less than supportive..I am being made to feel like I have done something wrong when I haven't. I think she doesn't want to cause a riff with the HOA president . What are my rights? Do they have to come up with a reason not to renew my lease that's legitimate? Can they deny me just because? I have 3 more months before my lease ends and I am a wreck. I can barely sleep...cant eat...all I can think of is what Im going to do...Reasonable rentals are hard to come by if at all. My stress level is insanely high and now I look like a bad person to my landlord and everyone else who lives here...I feel like Im being watched every second and don't even feel like I can flush a toilet during certain hours...Help!
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Old 04-29-2015, 04:31 AM
 
Location: Tampa, FL
27,798 posts, read 26,213,375 times
Reputation: 14611
Wonder what an attorney would say about your situation as far as your rights are concerned. I wonder if a heart to heart with the president of the HOA would make a difference. Explain what you're doing (son is saving money and temporary) and that at no time have the police been called for anything. Sounds like some communication problems where the president is being fed false information.

The temporary visitor clause seems to be taken advantage of on your part. Usually temporary means less than a month and is intended to allow family visits but no long term stays.
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Old 04-29-2015, 05:46 AM
 
21,189 posts, read 30,372,337 times
Reputation: 19627
Quote:
Originally Posted by BucFan View Post
Wonder what an attorney would say about your situation as far as your rights are concerned. I wonder if a heart to heart with the president of the HOA would make a difference. Explain what you're doing (son is saving money and temporary) and that at no time have the police been called for anything. Sounds like some communication problems where the president is being fed false information.

The temporary visitor clause seems to be taken advantage of on your part. Usually temporary means less than a month and is intended to allow family visits but no long term stays.
This. Despite the claims of misinformation the HOA is protecting itself from becoming the type of neighborhood most living there moved there to avoid. The term "temporary" has a definition and would say it's safe to say you've exhausted that in terms of time. I also agree that a civil meeting with the HOA Board asking for an "extension" is in your best interest and would allow to put your situation in a more pleasant light if you are able to follow that tact.
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Old 04-29-2015, 05:56 AM
 
Location: downtown Sarasota
4,726 posts, read 12,427,144 times
Reputation: 2039
In most cases, "temporary visitors" does have a definition ~ usually 30 days or less...if >30 days, you must submit an application for approval for someone to reside.
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Old 04-29-2015, 06:22 AM
 
Location: Miami
6,853 posts, read 19,806,113 times
Reputation: 2907
OP- I would smooth things over with your landlord and I would also speak with the HOA president as well, to see if some sort of compromise can be made. If a compromise can't be made between you and the HOA/landlord, it's best to move. You don't want to live in a place feeling animosity from them or towards them.
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Old 04-29-2015, 06:52 AM
 
Location: Fort Payne Alabama
1,207 posts, read 1,584,829 times
Reputation: 2303
Could be you landlord is the one actually wanting you out and doesn't feel comfortable with the situation with your son. They could be uncomfortable about addressing it directly with you so decided to use the HOA as a cover.
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Old 04-29-2015, 06:52 AM
 
11,383 posts, read 7,791,007 times
Reputation: 12274
Your story doesn't make that much sense. Why would someone claim the police were called if it didn't' happen? I bet your lease does say for how many people the apartment was rented out to, and you can't have more. Usually a lease or rules you signed will say a person can stay a week without needing permission from the HOA, up to a month if you let them know they are living with you. Tell him he has to find a job and move and find a roommate to find another relative to live with. Maybe you can offer the landlord and extra $50 or 100 a month for your son to stay there.
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Old 04-29-2015, 04:15 PM
 
Location: OCNJ and or lower Florida keys
772 posts, read 1,636,406 times
Reputation: 787
what does the signed lease terms say about renewal? I own a few rental properties and usually sign 1 year lease that will convert to month to month at the expiration of the original lease. sometimes the tenant demands a new 1 year lease before the year is up. i am happy to sign a new lease locking them in for another year. The original lease states that I will give them 60 days notice to move out either before the end of the lease or anytime thereafter. if they choose not to or don't want to sign a new lease. I allow them to give me 30 days notice to move out after the lease ends and turns into a month to month agreement. I have had tenants stay 5 plus years on a month to month lease. Never dealt with a HOA. I would think their by laws should have something in them about the owner leasing the property. Did you ask the landlord for a copy of the police report? As a renter you have rights but in the end its is not your property. if you are given written notice to vacate and that your lease will not be renewed you really don't have a choice. I believe 30 days advance notice is all that Florida requires if the terms are not stated in the lease. I always make sure to include all/number of the people living in the house when i sign the lease. My lease states that temporary visitors will be allowed up to 30 days. If they stay longer they must be added to the lease. I also include a maximum number of people allowed to reside at the house based on the amount of bedrooms and bathrooms. I only do this now because at one point in my landlord days I owned and rented out a home in Norristown, PA. I later found out the tenant and his wife and two sons had moved in their entire non english speaking extended family of 16 people in a 3 bedroom row home!!
Live and Learn is all i can say about these situations. If I was you i would start saving money and looking for a new place to live ASAP. It sounds like the landlord and the HOA are pissed about the extra person in the home and neighborhood. I would feel i wore out my welcome especially if they are truly making stuff up about showers and police disturbances. I have personally not renewed leases and given 60 days notice to vacate because of damage done to rental property that was way beyond reasonable wear and tear. I have also not renewed leases because the neighbors have complained to me about my tenants habitual loud music and loud partying and just in general inconsiderate actions.
If you really want to stay I would give written notice to the landlord by certified mail that you want to sign/ renew your lease. It will then be up to her. either she will make demands you will need follow to get a new lease or she will tell you that your lease is not being renewed. find and read your original lease if it is not stated in the lease you may have a fighting chance!
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Old 04-30-2015, 07:02 AM
 
Location: In a house
13,258 posts, read 36,423,935 times
Reputation: 20198
Also, you're a tenant, not an owner, and the HOA is designed primarily to lay out rules and regs for homeowners. Tenants are required to comply with the same rules and regs, but the HOA has no obligation to honor "rights" of tenants other than the usual laws of the state and country, and municipal zoning.
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Old 04-30-2015, 08:18 AM
 
6,321 posts, read 3,464,953 times
Reputation: 5729
Quote:
Originally Posted by AnonChick View Post
Also, you're a tenant, not an owner, and the HOA is designed primarily to lay out rules and regs for homeowners. Tenants are required to comply with the same rules and regs, but the HOA has no obligation to honor "rights" of tenants other than the usual laws of the state and country, and municipal zoning.
Often there are additional restrictions in the covenants for renters/tenants than for owners/guests.
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