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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
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Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I just signed a three month lease with some tenants and then

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I just signed a three month lease with some tenants and then found out that the HOA does not allow for leases of less than 6 months. the hoa is aware of the situation, however, i have not submitted the three month lease to them or talked to my tenants yet. what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.
Hello, I am happy to assist you today.

Well, in that case the lease you signed is not legally valid. So what you need to do is renegotiate the lease with your tenant. You can offer then the right to renew the lease after 3 months, if the HOA will allow.

You will have to address it with the tenant because the HOA will definitely have an issue with this, and you don't want to see your tenant get evicted or find yourself ending up with fines.

Let me know if you have any questions.

Please do not rank my answer until we finish discussing.

Kimberly

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Customer: replied 1 year ago.

Hi. Thank you for your answer.


 


I have no problem going to my tenant, but it's the HOA I'm worried about. If they don't allow leases of less than 6 months, why would they allow me to submit a lease that basically absolves the tenants from completing a 6 month lease?

Expert:  KimberlyLaw replied 1 year ago.
You have to go to the HOA and ask them the situation if you do a 3 month lease that automatically renews. Your tenant might be forced to do a 6 month lease here if they don't agree to that.

The reason behind this is that the HOA encourages owner to occupy their units themselves, and not rent them out short term. This is really a good thing, because you don't want people coming in and out of there who have no vested interest in the property. They will not take as good care of it. This is well documented.

So you have to either get an exception from them for this one time, or get your tenant to sign a 6 month lease. You are fine legally because your lease is invalid, which you can explain to your tenant. Worst case they will walk away and not move in at all.

Kimberly
Customer: replied 1 year ago.

so what would happen if i got the tenants to sign a 6 month lease and they "break " the lease after 3 months? can the hoa restrict my re-renting the unit for the remaining 3 months of the lease or impose fines?

Expert:  KimberlyLaw replied 1 year ago.
If they break the lease after 3 months, the HOA would not allow you to rent for the remaining 3 months. You would have to do a 6 month lease, if they allow multiple 6 month leases. Some only allow once or twice in your ownership. You should check that too.

Kimberly
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 3817
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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