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See if you can work something out with the landlord in applying the 8,000 towards future rents and then vacating the property in a few months. Otherwise you will probably learn an $8,000 buck lesson in leases/law.
You cannot violate the HOA rules in such a way though. Some properties have deed restrictions.
Define tenant. A owns a rental in an HOA. A agrees to sell the house to B with seller financing and a 2-year balloon payment. A and B mutually understand that B has no intention of making the balloon payment and, further, is unable to make the balloon payment. The understanding holds that B will not make the balloon payment, and upon default, will walk away while the house and ownership revert to A
The terms are written to provide a cash flow to A equivalent to market rent.
Now is B a tenant, and how would the CCRs handle that?.
I'm not sure what defines tenant. But I know what defines "fraud".....this.
Define business practices. If I do online sales from my home - zero customer traffic - how do you distinguish between hobby and business?
Veering wildly off topic, again, because this has nothing to do with getting your deposit back because you are running a day care, I don't care what anyone's definition of running a business is, except for the definition used by my insurance company.
My insurance company doesn't care if there is a business as long as not one single customer ever comes to the door. Not one, not ever. They don't want delivery trucks coming to the door on a regular basis.
So, if you run a home business that never has a customer on the property and you drive your shipping out to the post office to mail it, and your incoming stuff doesn't take more than normal mailman or occasional UPS-type deliveries, I don't care.
Another landlord might handle it differently. Any taxes you owe are between you and the IRS.
this is why HOAs stink so bad .. ONE NEIGHBOR who didnt like something made a fuss.. excuse me those kinda peepots are the major reason HOAs have a bad name.
I think your about to be pooped on and lose the money BUT see a lawyer and find out your rights in this and see also if you can get a deal with the LL to move into a non hoa controlled house.. using that $8,000.00
HOAs are the debble IMHO..
The only covenant that I'm weary of is the first one that mentions the home is a single family dwelling.
It doesn't exclude childcare or babysitting.
This was something in our rental agreement as well, and I asked my landlord at the time of signing what the verbiage meant and if it was okay to continue watching children out of the home, to which she said yes it's okay.
She has visited the home during times I had children in the home.
However, now that HOA is pointing out the covenant with the same verbiage, they are stating this means no childcare in the home.
Childcare has been and is my means of income. So if she has to shut me down, even after stating that it's okay, even before move in, then I feel like we should have the ability to negotiate a way out of the lease as it's necessary I continue to work.
Thank you!
What exactly is the language in the HOA rules? Single Family Dwelling is a zoning classification that in itself does not prohibit a person from running a business out of their home.
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