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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 114071
Experience:  Attorney with over 24 years experience.
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I have a one year lease with private owners of a home with

Customer Question

I have a one year lease with private owners of a home with an HOA. My lease incudes by name, age and weight two dogs and I even have a dog addendum and many emails asking for confirmation it was OK to have 2 dogs.
Apparently the HOA only allows 1 dog and I didn't get the CC&Rs from the property management company that drew up the lease. The HOA has now held a grievance hearing with the owners and the owners are now giving me until October 1st to rehome my dogs or leave the premises. They say they will return my deposit less damages.
Do I have any rights as a tenant with a lease to fight this?
Elizabeth Houghton(###) ###-#### ***@******.***
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the lease is in conflict with the CC&R, the landlord has breached their lease with you and the landlord would be liable to not only refund your deposit, but they would be liable to you for the costs of you having to move, since this breach was the fault of the landlord and not your fault. Thus, you would have a right to sue the landlord for all costs and damages incurred by their improper lease.
Unfortunately, if the lease is violating the HOA rules, the HOA can enforce those rules and as such can force you to comply and your recourse is suing the landlord for the damage.