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Old 10-09-2018, 08:52 AM
 
Location: Southern California
12,713 posts, read 15,522,736 times
Reputation: 35512

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I signed a 1 year lease for a new condo about two months ago. The condo was just built and finished a few weeks before I signed the lease and moved in. Everything went very smoothly for the first month and a half. Then last week I was just minding my own business using the amenities (BBQ) and someone took up a conversation with me. Asked me about how I liked my new place etc. At one point I mentioned I was renting and they looked shocked. This person just claimed to be a neighbor on another street nearby but I have no clue.

Turns out my comment about renting triggered something. Two days ago I got a call from the guy I'm renting from saying how I shouldn't have told anyone I was renting (how was I supposed to know this?). He said he wasn't allowed to rent for the first year of ownership. He didn't tell me why or anything, just that he's in big trouble now because of my comment.

This has me a bit freaked out. His last comment to me two days ago was "he'd be in touch with repercussions of people finding out he was renting his new condo when he shouldn't be". I asked what this meant and he said he couldn't give me any more info. I'm assuming my lease with him is a separate issue entirely and will still remain valid? What are my rights if he tells me I have to leave? I'm thinking he might be in trouble if he can't get me to leave, either financially or legally I'm not sure.
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Old 10-09-2018, 09:00 AM
 
Location: Nantahala National Forest, NC
27,074 posts, read 11,844,907 times
Reputation: 30347
Oh, so sorry he took advantage of you this way. Unbelievable!


You did NOTHING WRONG. He is so in hot water.

I'd get a one time visit with an attorney to help you through this. Likely you'll have to move as he broke policy. I don't see how they'd let him get away with renting when it's in his contract or HOA guidelines. BUT you could ask the HOA since you are already there...all they can say is no.

One of life's curveballs.
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Old 10-09-2018, 09:45 AM
 
Location: Bloomington IN
8,590 posts, read 12,338,753 times
Reputation: 24251
It could be that he wasn't allowed to rent per HOA guidelines OR he took out a residential mortgage. Very often residential mortgages require one move into the house within a certain time frame that is much less than a year.
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Old 10-09-2018, 10:39 AM
 
453 posts, read 409,999 times
Reputation: 486
You had no idea he can’t rent. Unfortunately, this may put strain on you and your renting situation, depending on what rules he violated.

Shame on him though, especially for telling you that you shouldn’t have mentioned you were renting.

Pending what he says, I’d speak to a lawyer.
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Old 10-09-2018, 10:41 AM
 
486 posts, read 415,617 times
Reputation: 559
You definitely aren't wrong, although you may still be 'punished' by being evicted depending on what exactly is going on here and what the HOA decides to do. I'm assuming the HOA is the issue since the neighbor was shocked which wouldn't be the case if it was just a mortgage issue.

I would ask him to keep you in the loop, that you need to know what's going on, why, and if you need to start looking for a different place to live. If he doesn't want to cooperate, you may want to reach out to an attorney (although I wouldn't jump to that unless you start to suspect things are moving forward that you aren't being notified of).

For now, ask the HOA about their policies (maybe as a 'potential buyer'). See what it says if you can.

Hopefully, he just has to pay a fine or something and you can stay.
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Old 10-09-2018, 10:51 AM
 
Location: Cary, NC
43,269 posts, read 77,073,002 times
Reputation: 45612
1. Some builders' contracts disallow investors from buying, and he probably signed off that he was going to occupy.

2. The one year issue? Maybe he told the lender he was owner/occupant to get the best rate. But, maybe also #1 and #2.

3. "You shouldn't have told anyone?" You might tell him he will pay your first couple of months' rent on a new place, moving expenses, deposits, commissions, whatever.

4. Marry him. You might be a legit tenant at that point. And, he sounds like a real prize!
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Old 10-09-2018, 11:07 AM
 
3,607 posts, read 7,916,530 times
Reputation: 9180
You have a contract with the owner to rent his unit. He is obligated to rent you the unit, or to compensate you.

His problems with the HOA are not your problems. He might get fined, and that will be his problem.

Don't count on renewing the lease.
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Old 10-09-2018, 12:37 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,737,785 times
Reputation: 15482
OP, I’d certainly contact an attorney. Your LL is a real prize. Unfortunately, you’ll have to move. But an attorney might be able to negotiate an agreement with the condo association that allows you a reasonable amount of time to find another place. Then sue your LL.

Legally, you’re basically a squatter, and states vary widely as to the legal remedies available to the condo association. An attorney will be able to cut the best deal.
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Old 10-09-2018, 12:43 PM
 
3,607 posts, read 7,916,530 times
Reputation: 9180
Quote:
Originally Posted by jacqueg View Post
OP, I’d certainly contact an attorney. Your LL is a real prize. Unfortunately, you’ll have to move. But an attorney might be able to negotiate an agreement with the condo association that allows you a reasonable amount of time to find another place. Then sue your LL.
Disagree.

The HOA can't make OP move. All they can do is fine the owner.

The owner has signed a contract with OP. He can't make OP move unless OP violates the lease.

Now if the owner attempts to do something that violates the lease...like terminating it early in a way not provided for...then OP might need a lawyer.

Most likely outcomes...owner gets a fine and is allowed to keep OP for duration of the lease...or owner pays OP to move out early.
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Old 10-09-2018, 12:58 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,737,785 times
Reputation: 15482
OP, I’d certainly contact an attorney. Your LL is a real prize. Unfortunately, you’ll have to move. But an attorney might be able to negotiate an agreement with the condo association that allows you a reasonable amount of time to find another place. Then sue your LL.

You do not want an eviction proceeding on your record.
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