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Towards the beginning of May, I signed a 3 month lease for the summer in northern Virginia. I have been in the condo for over 1 week now and was contacted yesterday morning by the realtor. 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. The realtor also told me that she can hand the lease to her legal department and go down the messy route, or I can find a new place to move into. She also says the lease is invalid due to the association's rule of a 12 month minimum lease - but she has also told me I will need to pay per diem for the nights I stayed there.
The community manager told the realtor that if the tenant moves out before the 12 month minimum, then the condo cannot be rented out until that 12 month period is over. She did not explicitly state I had to move out. This was sent as an email which the realtor copy and pasted in a text to me, after I asked for written documentation.
The landlady is trying to talk to the board of directors to see if this qualifies as a "hardship" as defined in the owner's handbook, in which case it is possible for the leasing requirements to be temporarily waived. She has told me to stay put for the time being.
The lease was signed weeks ago by all parties, I have been living here for a week and have held up my part of the agreement. I have paid the first month's rent, the security deposit, the move-in fee, and set up the utilities. Who has the power here to make me move out and is it possible for a lease to be invalid in this case?
I appreciate any advice that you may have or if anyone has a similar experience to share.
I don't know the legality of all that, but I do know that around here, if a renter is trying to move into a place where he/she has to be approved by a condo/HOA board, then that application must be approved before a lease is even signed. It appears the realtor and/or landlord dropped the ball here. I don't know what that means legally for you going forward, but this is certainly a very unfortunate situation for you.
First, you have a valid lease. There is no legal problem with you renting the condo with any of the parties, including the Homeowner's Association. So, there is no valid reason to kick you out. And if I was you, I'd tell them all you intend to stay or they can pay you to move out. Feel free to come up with a sum that is honestly worth it to you. Include your costs for moving in, whatever the cost would be for moving out, all of your time and trouble getting things set up, on and on. Because you don't have to move.
What happened here, is the landlord and/or the realtor screwed up. That's their problem. Not yours. The HOA rules say only one renter in a 12 month period. They stupidly rented to someone for only 3 months. Their bad for not learning the rules before they rented it out to you for only 3 months. It's actually pretty hilarious.
If it was just the realtor who screwed up, then the landlady can sue her for all of the money she lost by not being able to rent her condo out for the next 9 months. But, that's not your problem either.
So, come up with a nice tidy sum that would be worth it for you to move. Then, realize that you are in the position of power here. Don't fall for the realtor's bullying tactics. I'd face her down. "Nope. I am not moving. Sounds like you messed up, but that's not my problem. Pay me x amount of dollars and it will be worth it for me to move out. But, if you decide to waste your money on a lawyer, that's up to you. But, when I win, you'll also be paying my lawyer, too. So, you might want to think about that."
It's called "cash for keys." They now get to pay you to move out, if they want you out. And you don't have to be frugal about what it will take for you to want to move. There's no law that says you have to move or make it cost them as little as possible.
Now, I'm low income and very frugal. But, if they wanted me to move out? It would cost them at least $5,000 on top of whatever my moving costs would be. This is their mistake, so there is no need for you to pay the consequence.
It's kind of funny they're taking two different tacks - one saying they'll sue you, the other trying to make you want to be nice to her. Don't fall for it. Let them duke it out. Not your problem. Maybe you'll end up with a nice little windfall, and you should not feel guilty about getting it.
Lol, they basically screwed up and the realtor is now essentially threatening you to leave. Don’t take the cheese. The realtor threatening to give the document to the legal department is nothing but a scare tactic in hopes you’ll leave.
I don't know the legality of all that, but I do know that around here, if a renter is trying to move into a place where he/she has to be approved by a condo/HOA board, then that application must be approved before a lease is even signed. It appears the realtor and/or landlord dropped the ball here. I don't know what that means legally for you going forward, but this is certainly a very unfortunate situation for you.
This.
Our HOA doesn't allow anything but annual leases and they must approve all tenants. They don't allow occupants, unless they are minors or incapacitated adults, so all anyone over the age of 18 must fill out an application with a credit/background check done.
The agent that rented the unit, as well as the owner, are the ones at fault here. The tenant does have to move, or face eviction from the board, but I'd be fighting this one in court if need be.
Lol, they basically screwed up and the realtor is now essentially threatening you to leave. Don’t take the cheese. The realtor threatening to give the document to the legal department is nothing but a scare tactic in hopes you’ll leave.
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
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
If the HOA files a wrong full eviction, the HOA can be sued. The eviction will be dismissed and expunged. The HOA may even have to pay his legal fees.
HOAs are like God, I am an HOA president. I have foreclosed, threatened to evict, I approve and reject tenants all the time. I have fined owners for taking tenants that were not approved. I have fined owners for not getting their tenants out, when we told the owner the tenant had to leave.
The Homeowner made a mistake. The HOA will go after the homeowner who made the mistake, not the tenant. The 'contract' is between the homeowner and the HOA, not the tenant, unless the tenant signed something indicating different. The HOA can likely terminate the lease, just like the homeowner can. It has to be within the bounds of the lease and rental law.
If the tenant violated HOA rules, that is a different story.
The tenant/OP should go to a Tenants rights lawyer if he is concerned.
If the HOA files a wrong full eviction, the HOA can be sued. The eviction will be dismissed and expunged. The HOA may even have to pay his legal fees.
HOAs are like God, I am an HOA president. I have foreclosed, threatened to evict, I approve and reject tenants all the time. I have fined owners for taking tenants that were not approved. I have fined owners for not getting their tenants out, when we told the owner the tenant had to leave.
The Homeowner made a mistake. The HOA will go after the homeowner who made the mistake, not the tenant. The 'contract' is between the homeowner and the HOA, not the tenant, unless the tenant signed something indicating different. The HOA can likely terminate the lease, just like the homeowner can. It has to be within the bounds of the lease and rental law.
If the tenant violated HOA rules, that is a different story.
The tenant/OP should go to a Tenants rights lawyer if he is concerned.
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.
Towards the beginning of May, I signed a 3 month lease for the summer in northern Virginia. I have been in the condo for over 1 week now and was contacted yesterday morning by the realtor. 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. The realtor also told me that she can hand the lease to her legal department and go down the messy route, or I can find a new place to move into. She also says the lease is invalid due to the association's rule of a 12 month minimum lease - but she has also told me I will need to pay per diem for the nights I stayed there.
The community manager told the realtor that if the tenant moves out before the 12 month minimum, then the condo cannot be rented out until that 12 month period is over. She did not explicitly state I had to move out. This was sent as an email which the realtor copy and pasted in a text to me, after I asked for written documentation.
The landlady is trying to talk to the board of directors to see if this qualifies as a "hardship" as defined in the owner's handbook, in which case it is possible for the leasing requirements to be temporarily waived. She has told me to stay put for the time being.
The lease was signed weeks ago by all parties, I have been living here for a week and have held up my part of the agreement. I have paid the first month's rent, the security deposit, the move-in fee, and set up the utilities. Who has the power here to make me move out and is it possible for a lease to be invalid in this case?
I appreciate any advice that you may have or if anyone has a similar experience to share.
Thanks.
The realtor can't evict you. If anyone evicts you it's a false eviction because that's there problem that they gave you a lease shorter than they were supposed to. They messed up, they have to live up to their end of the agreement. Don't accept the RE agents threats. Tell her to go full force and you will sue her and have her RE license suspended for threats and extortion of per diem fees, tell her to only contact you in writing or email so you have proof for court. She can lie on the phone and it person and it's her word against yours.
The HOA can make an exception but that has nothing to do with you that's for the LL to prove they have a hardship.
Worst case scenario the LL can move into her condo the rest of the 9 months and rent out her other home for 9 months. Whatever solution needs to come from the LL, the LL can sue the RE agent, that's why the RE agent is harassing and threatening you. The LL is being calm because she knows it's not your fault. The LL sound decent and the RE agent sounds like a horrible person.
Last edited by LifeIsGood01; 05-31-2018 at 08:20 AM..
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