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I own a condo in Ohio and have been renting it out since 2009…

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I own a condo in...
I own a condo in Ohio and have been renting it out since 2009 when my job moved to another state. New tenants recently moved in, and I received a call from the association 1 day after they moved in that my unit had been removed from the list of allowable rentals because a new lease had not been signed within 60 days of the previous tenants departure (It was signed within 90 days). I had never received any written notice from the association that this was done, (and was unaware of such a provision. I have a management company that handles everything with the rental) but they have always been diligent about notifying me of any other issues or changes in writing.

I sent a request that they reconsider this decision. (I am a good owner always current with my dues) What is my legal position should they refuse?
Thank you,
Jenna G
Submitted: 6 years ago.Category: Landlord-Tenant
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3/3/2012
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 21,690
Experience: B.A.; M.B.A.; J.D.
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Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

When did this 60-day policy go into effect?

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Customer reply replied 6 years ago
I am not sure. Newsletters received have only indicated that someone needed permission to rent and that there was a waiting list. I do not recall hearing of this in previous tenant turnover over the last 4 years, but I am sure they will say it is written in the by laws somewhere.

(if you were not asking about the association but more literally) Previous tenant moved out Nov 16 with less than 30 day notice. New tenants agreed in February to move in March 1
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago

Thank you for the additional information.


Question:
I own a condo in Ohio and have been renting it out since 2009 when my job moved to another state. New tenants recently moved in, and I received a call from the association 1 day after they moved in that my unit had been removed from the list of allowable rentals because a new lease had not been signed within 60 days of the previous tenants departure (It was signed within 90 days). I had never received any written notice from the association that this was done, (and was unaware of such a provision. I have a management company that handles everything with the rental) but they have always been diligent about notifying me of any other issues or changes in writing.

I sent a request that they reconsider this decision. (I am a good owner always current with my dues) What is my legal position should they refuse?
Thank you,


Response: In order to know your legal options, you need to first review the Associations' Bylaws. If this 60-day policy is there, you do not have a strong case against the Association and you must then work with them to give you a break. It would be in the interest of all concerned for your home to be rented. It does not make any sense to ask an innocent Tenant to move out after that Tenant just moved in. If on the other hand this policy is not in your Bylaws and the Association is making it up as they go (which is highly doubtful), then you have strong footing. You can send the Association letter that their action is not supported by the Bylaws and thus you do not have any intention to rescind your lease with the Tenant and ask the Tenant to move out— that you cannot ask a Tenant to move out after the Tenant has just moved in. Quite frankly, it is unfair and unreasonable for the Association to punish your Tenant for your mistake. In any event, if the Association attempts to evict your Tenant, you should file a lawsuit to stop the Association from doing so. It is highly doubtful that the Judge would evict a Tenant who does not have anything to do with your dispute with the Association.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 21,690
Experience: B.A.; M.B.A.; J.D.
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Customer reply replied 6 years ago
Thank you. I was very polite in my letter and advised that without renting the property will foreclose, which I did not want and they should not want. I also pointed out that by renting I have an active management company to take care of the property, since I am now 650 miles away. I will hope they can be reasonable.

I was kind of hoping there would be an issue since I never received notice of my removal from the rental list. I wouldn't have gotten new tenants if I had known I couldn't
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago

Thank you. I was very polite in my letter and advised that without renting the property will foreclose, which I did not want and they should not want. I also pointed out that by renting I have an active management company to take care of the property, since I am now 650 miles away. I will hope they can be reasonable.

I was kind of hoping there would be an issue since I never received notice of my removal from the rental list. I wouldn't have gotten new tenants if I had known I couldn't


Response: Certainly, there would be an issue of your removal from the rental list if you were notified after the Tenant moved in. This would go to unreasonableness of the HOA's action. In any event, I do not see the HOA prevailing in Court under these circumstances. It serves no purpose to evict your Tenant and then have your home remain empty and they expect you to pay for the mortgage and HOA's fees on an empty property in this economy.

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