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The real issue is that at this point, it doesn’t matter how long the OP lives there because it seems like the one lease in a year provision would already be triggered. What does it matter if it is a week or three months. Wouldn’t it make more sense for the landlord to get three months’ rent while trying to see if he can work it out with the HOA instead of kicking the OP out after a week and potentially losing almost a full year’s worth of rent?
As I like to point out, what "makes sense" often has no bearing on HOA board egomaniacs and any others who feel they did not get as far as they deserved in life and now have some perceived position of control. (Not that all are like that. Just pointing out that some are.)
In MN, it is easy to get a lawyer if you are low income. You do not even pay filing costs for your case. I no longer rent to anyone who is low-income, for that very reason among others. Low-income lawyers always take the side of the tenant, and never look at the facts. A paid lawyer would at least advise on the merits of the case.
The low-income lawyers often abuse the court system to make it more expensive for a LL, and then want the LL to settle, even if the LL is 100% in the right. I won $50 once due to a court no-show, and that was a planned no-show just to keep housing for a bit longer.
Based on the abuses I have seen, I do not ever give money to charities that are for low-income causes.
If the OP was in my HOA, the Board would initiate a fine, assuming the tenant moved in without approval of the HOA. All tenants get approved by the HOA, and it includes the requirement for a 600 minimum credit score (all occupants), income, and criminal record standards. If we had a lease length requirement, that would be part of the approval process.
The fine would probably be an escalating fine, $250 a month for three months, $500 a month for three months, and $1,000 a month until the tenant move out. So this LL would get by with only a $750 fine by moving in an unapproved tenant for three months.
If the fine was not paid in 30 days, it would be submitted to a lawyer to foreclose as quickly as possible. We have done this in the past, and legal fees escalate very quickly, and are more than the actual fine. A LL paid almost $5,000 in total on a $1,000 fine. Plus her own legal fees. It did not cost the HOA anything.
Perfect example why it's a really bad idea to ever buy property with an HOA. Let alone the dues that can change at any time. I lived with one for one year and sold because I couldn't stand it. Otherwise, I always owned property without one. I advise anyone to never buy into a property with an HOA. They're total nightmares.
A lot of people are conflating the concept of talking to an attorney with filing suit. Nothing could be further from the truth. Filing suit is the end, the last resort when you can't otherwise resolve things.
But what the OP can do with a short consultation with an attorney is discuss the situation, find out their legal status and what actions they might want to take. They might get the attorney to write an initial letter, pushing back on what the OP was told by the realtor, and yes, esp. since I think most of us agree the realtor appears to be on shaky ground here, could be enough to put an end to this entire thing. I would have assumed that most people would prefer to have a quick and easy resolution over a long and protracted one but at least for some people, it appears I assumed incorrectly.
As for paying a lawyer, the OP hasn't identified their financial status. Possibly they have sufficient means to pay for the few hours of attorney time that would be involved, at least to start with. Or they could check into other resources - in some cases, while a legal aid clinic might not be able to provide assistance with a long and protracted matter, they mitght offer shorter consults that could be sufficient in this case.
But the reality is that none of us posting here has seen the lease. And I doubt that anyone is well versed on the landlord-tenant law for OP's location. And you need someone who qualifies under both of these things to know what OP's actual legal status is, as well as their options to address any concerns.
Unfortunately, whenever I do contact a lawyer, I usually know more than they do, at least as far as landlord-tenant law. There are very few landlord-tenant specialized lawyers, who really know the law. Most of them work for landlords, and they usually write up contracts for landlords that are actually contrary to state law. They either went to law school somewhere else, or they simply cut and paste something from the internet, but the final product is something contrary to state law. They either are too lazy to look up the actual laws, or they just don't care, and hope to get away with bluffing tenants into believing whatever is in a contract is God's own word.
And you just don't seem to understand the situation from someone who can't afford a lawyer. In your experience, it's better to talk to a lawyer before filing suit. But, you don't understand the beauty of small claims court - of course, a lawyer won't like or advocate small claims court, because normally, no lawyers can be present - so why learn about it or suggest it?
But, for someone who can't afford a lawyer, it's the best deal in the world. You show up, tell your side of the story, bring your documents, and you don't have to understand the law at all. It's very casual, and you don't have to learn or follow any court procedures. You get a free lawyer/judge (often the judges are lawyers full-time and act as judges occasionally), to look into the laws for you, and make a decision. They aren't always really knowledgeable on whatever your issue is, but they're still the best bang for your buck.
Plus, if you are low income, you can often get the court fees waived, so you can actually file for free. At least you can in CA.
As I like to point out, what "makes sense" often has no bearing on HOA board egomaniacs and any others who feel they did not get as far as they deserved in life and now have some perceived position of control. (Not that all are like that. Just pointing out that some are.)
Yep. The only requirement to be on a board of a HOA, is that you are a homeowner. You don't have to know squat about property management, or fiscal management, or any kind of law. Most people who get themselves on the board (which is really easy to do, because pretty much nobody wants the job), have some personal agenda. Either they hate dog people and want stricter dog rules, or they hate seeing lots of potted plants on patios and want stricter rules about what can be on patios, or they want to change the paint colors on the units, or you name it.
I was on a board of my HOA and one of the board members was a lobbyist in Sacramento as his full-time job. He wanted garage doors on the carports, that had been open carports for over 30 years. These were shared carports, so it wasn't like he'd get his own garage.
Plus, there were units above the carports who would then be subjected to listening to the noise of garage doors opening and closing at all hours.
The jerk got a majority vote, and of course, the dues went up for around 150 units, because one successful lobbyist wanted a garage door on his unit.
I could tell you more stories, but it's a nightmare. It's like inviting all of your neighbors into your investment - they all have the means to destroy it.
Like I said, I'd always had properties without a HOA before that, and I sold my condo after just one year to get out of one, and never bought into one again. They're dysfunctional madness.
Yep. The only requirement to be on a board of a HOA, is that you are a homeowner. You don't have to know squat about property management, or fiscal management, or any kind of law. Most people who get themselves on the board (which is really easy to do, because pretty much nobody wants the job), have some personal agenda. Either they hate dog people and want stricter dog rules, or they hate seeing lots of potted plants on patios and want stricter rules about what can be on patios, or they want to change the paint colors on the units, or you name it.
I was on a board of my HOA and one of the board members was a lobbyist in Sacramento as his full-time job. He wanted garage doors on the carports, that had been open carports for over 30 years. These were shared carports, so it wasn't like he'd get his own garage.
Plus, there were units above the carports who would then be subjected to listening to the noise of garage doors opening and closing at all hours.
The jerk got a majority vote, and of course, the dues went up for around 150 units, because one successful lobbyist wanted a garage door on his unit.
I could tell you more stories, but it's a nightmare. It's like inviting all of your neighbors into your investment - they all have the means to destroy it.
Like I said, I'd always had properties without a HOA before that, and I sold my condo after just one year to get out of one, and never bought into one again. They're dysfunctional madness.
There are pros and cons to an HOA. I took my HOA from a crime infested neighborhood, where cabs would not pick people up, pizza would not get delivered and the police rented an apartment here to put in a sub-station. With 120 units, there were shootings, robberies, other violence, etc. Over 540 documented police calls in a year.
Now we get ~60 calls, and the calls are much less serious. Wrong numbers, found dogs, general questions.
Without a doubt, if the high-crime neighborhoods in the USA were in a HOA, they could be cleaned up.
Perfect example why it's a really bad idea to ever buy property with an HOA. Let alone the dues that can change at any time. I lived with one for one year and sold because I couldn't stand it. Otherwise, I always owned property without one. I advise anyone to never buy into a property with an HOA. They're total nightmares.
The problem is every condo has an HOA. So if you want to buy a condo you have no choice. But I agree with you, I would never buy a single family home with an HOA.
Unfortunately, whenever I do contact a lawyer, I usually know more than they do, at least as far as landlord-tenant law. There are very few landlord-tenant specialized lawyers, who really know the law. Most of them work for landlords, and they usually write up contracts for landlords that are actually contrary to state law. They either went to law school somewhere else, or they simply cut and paste something from the internet, but the final product is something contrary to state law. They either are too lazy to look up the actual laws, or they just don't care, and hope to get away with bluffing tenants into believing whatever is in a contract is God's own word.
And you just don't seem to understand the situation from someone who can't afford a lawyer. In your experience, it's better to talk to a lawyer before filing suit. But, you don't understand the beauty of small claims court - of course, a lawyer won't like or advocate small claims court, because normally, no lawyers can be present - so why learn about it or suggest it?
But, for someone who can't afford a lawyer, it's the best deal in the world. You show up, tell your side of the story, bring your documents, and you don't have to understand the law at all. It's very casual, and you don't have to learn or follow any court procedures. You get a free lawyer/judge (often the judges are lawyers full-time and act as judges occasionally), to look into the laws for you, and make a decision. They aren't always really knowledgeable on whatever your issue is, but they're still the best bang for your buck.
Plus, if you are low income, you can often get the court fees waived, so you can actually file for free. At least you can in CA.
So. In this case, what damages would you seek in small claims court... considering that the OP has sustained exactly zero at this point?
How does the OP go about explainingn the (even if totally wrongful) eviction case in public record to future LL?
So. In this case, what damages would you seek in small claims court... considering that the OP has sustained exactly zero at this point?
How does the OP go about explainingn the (even if totally wrongful) eviction case in public record to future LL?
First, you're right. At this point, the OP has not sustained any damages. So, there is no case at this point. Hence, my advice to stand up to the bully and tell her that IF she wants to send the matter to her supposed legal department, to tell her you'd be happy to see her in court.
The idea is to AVOID court. But, to let them know you'll be happy to point out to a judge that THEY haven't sustained any damages that they can legally sue the OP for.
To your second question, you are assuming then that the OP does get wrongfully evicted. Now, how likely is that?
You're looking for a problem that doesn't exist. You wouldn't have to explain to any future landlord that you were wrongfully evicted, because that's not going to happen. Any judge, even if they were just a pro tem judge who is "only" a lawyer serving in small claims court part-time, will know contract law. And this case is a very simple case about contract law that is very clear - the OP has a valid contract and can't be evicted simply because the real estate agent and owner screwed up regarding knowing the HOA rules.
And, in addition to everything I said in my previous post along with what NMSFM just stated, if this RE agent doesn't watch out and continues to bully the OP and doesn't let up, they could find themselves in court for harassment and possible violation of the OP's right to "quiet, peaceful enjoyment" of their residence. And those who may not be familiar with that rental term here is a condensed version:
Quiet Enjoyment. A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner.
More here: https://legal-dictionary.thefreedict...uiet+enjoyment
And more here regarding LL/tenant harassment and violation of quiet, peaceful enjoyment which, by the way, is a right that any/every tenant has whether it is stated in your lease or not: https://www.thebalancesmb.com/is-you...ssment-4125876
So OP, keep all of this in mind also if things continue and/or escalate.
OP, you've gotten some good advice - and I will add in just a quick additional note on finding legal representation:
EMM suggested 2 sources for low-cost legal advice and there's a third: Lawyer Referral Service. Every state has a <state name> Bar Association and that association of lawyers has a Lawyer Referral Service. In many states, there are county Bar Associations and Lawyer Referral Service. Look at your nearest large city/county and see what's there - or just type in Google Virginia Lawyer Referral Service and see what pops up. While it varies, Lawyer Referral Service is for an initial LOW COST 1/2 hour consultation. Some places it's free. Often a lawyer will write a letter on your behalf as part of the initial consultation. It might be as low as $35 or $50.
One of the suggestions EMM made was to check out your local law school - UVA has one, not sure what other universities do in VA. Almost every law school I know of has a legal clinic, generally staffed with 3rd year students under the supervision of a professor or even a practicing lawyer. Most of these clinics are free but some may have a very small fee.
I strongly suggest not handling the situation yourself. Find out what your situation is and what your rights and recourses are.
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