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Old 05-31-2018, 08:01 AM
 
12,016 posts, read 12,672,809 times
Reputation: 13420

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Quote:
Originally Posted by Kim in FL View Post
He'd be smart to leave before the eviction notice shows up. While the tenant is innocent here, he's the one who is greatly impacted. Yes, he needs to move. Yes, he needs to fight this and Snow is correct...they should be paying him leave since he has to find another place to stay and short term rentals aren't that easy to come by.

HOAs have a lot of power...and they can file evictions against tenants..it doesn't have to be the owner
Wrong, horrible advice. Every post I read of yours is always against the victim and always pro company/corporation.

Last edited by LifeIsGood01; 05-31-2018 at 08:18 AM..
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Old 05-31-2018, 08:56 AM
 
Location: North Central Florida
784 posts, read 722,311 times
Reputation: 1046
Quote:
Originally Posted by Kim in FL View Post
It wouldn't be a wrong eviction. The tenant, due to no fault of his own, has an invalid lease. He will asked to leave. If he doesn't leave, he will be evicted.

Don't get me wrong...what happened was aviodable and it's not the tenant's fault, but the HOA doesn't, and shouldn't', care about the tenant. The owner and the agent, need to make this right with the tenant. If that mean suing them both, so be it.
the tenant has a valid lease, it is just against the H O A rules. The H O A has ways of dealing with that, and that is to fine the owner.

The homeowner and then could recoup their money from the real estate company, through the court system.

If the H OA does not have it in their documents that they can even evict a tenant, it would be an invalid eviction too.

HOA's have a lot of power, but they are not exempt from tenant landlord law.

This is a no-brainer, the real estate company screwed up, they owe a lot of money in fines to the HOA.
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Old 05-31-2018, 09:07 AM
 
Location: Charlotte, NC
4,761 posts, read 7,801,059 times
Reputation: 5327
I don't know VA law but, I think you have a valid lease, too. You can also approach from the angle of You'll move out at the end of the 3 month period because that's how long it will take for this whole mess to go through the court system with appeals and such. Actually, that would be pretty quick.



Just offer to move out under a cash for keys scenario. Make them find you a new place to go. This is their fault, 100%. They can either make it right or make it worse, for themselves.
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Old 05-31-2018, 09:11 AM
 
12,016 posts, read 12,672,809 times
Reputation: 13420
Quote:
Originally Posted by spankys bbq View Post
I don't know VA law but, I think you have a valid lease, too. You can also approach from the angle of You'll move out at the end of the 3 month period because that's how long it will take for this whole mess to go through the court system with appeals and such. Actually, that would be pretty quick.



Just offer to move out under a cash for keys scenario. Make them find you a new place to go. This is their fault, 100%. They can either make it right or make it worse, for themselves.
It's a pain in the neck to move but she could profit for her troubles and inconvenience. The LL and RE agent can chip in together since it seems it's both their faults. Like someone else said $5K sounds nice.
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Old 05-31-2018, 09:22 AM
 
Location: North Central Florida
784 posts, read 722,311 times
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You can also change the 3-month lease to a 12-month lease. Have the first three months what you are paying now, and the remaining nine months at $0.

That would keep the HOA happy, you happy, the RE company happy, and the owner not so happy...
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Old 05-31-2018, 09:41 AM
 
12,016 posts, read 12,672,809 times
Reputation: 13420
Quote:
Originally Posted by FIREin2016 View Post
You can also change the 3-month lease to a 12-month lease. Have the first three months what you are paying now, and the remaining nine months at $0.

That would keep the HOA happy, you happy, the RE company happy, and the owner not so happy...
and she can renege and live there for free for 9 months or sublet and pay nothing for 9 months.

I wouldn't do the LL or RE any such favors who knows the trouble you can get into by changing your lease and then have them trick you into being evicted. The OP has to think of them as the enemy and write down everything to keep track of what's going on and what was said in case she needs to use it in court. Perhaps the RE agent and LL are playing good cop bad cop to fool her.

Looks like the RE agent has a lot to lose and it's why she's being a threatening bully, the LL has to work with the tenant and hopefully she is a decent person.
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Old 05-31-2018, 09:51 AM
 
Location: The Triad
34,090 posts, read 82,630,982 times
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Quote:
Originally Posted by rentingInVA View Post
The realtor informed me that the condo owner's association did not allow leases
shorter than 12 months and that I would need to move immediately.
Who signed you up to this 'improper' lease?

Quote:
The realtor also told me that she can hand the lease to her legal department
and go down the messy route, or
I appreciate any advice that you may have or if anyone has a similar experience to share.
Go hard. The burden is 1000% on this 'realtor to make you whole and
otherwise to bend over backward in accommodating YOU.

In writing... send the 'realtor' a note:
"As soon as YOU find some other similarly suitable location...
then we can arrange for YOU to pay and have my possessions moved there.
Keep me informed of YOUR progress in remedying YOUR error.

Sincerely, RIV

ps: If you prefer I can have my attorney draft his own letter
and I'll get as 'messy' as YOU choose to make this."
---

The reality is that the letter writing stage in this sort of conflict
will (can) take longer than your 3 month tenancy will last.
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Old 05-31-2018, 10:02 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,202,474 times
Reputation: 4203
A lot of advice for not seeing what the lease actually says. There could easily be a provision in there that states something about HOA approval is required and their decision is final. If you don't know what the document says then why are you guys chiming in here? All of my leases contain a background check clause that invalidates the lease of I find something after the fact. This type of clause isn't uncommon and it would include HOA approval.
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Old 05-31-2018, 10:18 AM
 
Location: The Triad
34,090 posts, read 82,630,982 times
Reputation: 43652
Quote:
Originally Posted by AZ Manager View Post
There could easily be a provision in there that states something about HOA approval...
Could be LOT's of things but all that really doesn't matter much.

The burden (as always) is on the lease writing party to know what's allowed (or not)
and then to take responsibility for any errors they made -- such as ignoring the HOA rules.

Even if it ever came to the point that a Court was involved and determined (whatever)...
the "realtor' is the one who has painted themselves and everyone else into a corner.
It is ENTIRELY on them to find some sort of equitable remedy that suits the tenant.
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Old 05-31-2018, 11:40 AM
 
9,952 posts, read 6,608,099 times
Reputation: 19655
Quote:
Originally Posted by AZ Manager View Post
A lot of advice for not seeing what the lease actually says. There could easily be a provision in there that states something about HOA approval is required and their decision is final. If you don't know what the document says then why are you guys chiming in here? All of my leases contain a background check clause that invalidates the lease of I find something after the fact. This type of clause isn't uncommon and it would include HOA approval.
That might be true, but in any situation dealing with an HOA, it’s not up to the lessee/buyer to get the relevant information, it’s up to the realtor (if there is one). If that was a clause in the lease, then the realtor is responsible for getting the relevant information to the HOA BEFORE the lessee moves in to ensure that the HOA approves the person and everything is good to go. The fact that it appears that it was a “whoops!!!” Situation where the OP moved in and then the realtor suddenly found out is a no go is a big issue. Why wasn’t that done before the OP ever moved in? Someone dropped the ball, and it wasn’t the OP.
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