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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6419
Experience:  20 years experience as a civil trial and appellate lawyer
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When my husband and I got married, we leased his home to a

Customer Question

When my husband and I got married, we leased his home to a friend. During this time, we received a letter from the HOA stating that sub leasing was not permitted, but once we talked to the HOA and their attorney, they agreed to let us honor the lease. Now the tenant wants out of the least saying it's not a binding agreement. Is it a binding agreement since the HOA said it was ok?
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
The tenant is now wanting to vacate to rent another home within the same subdivision. Again, we have an ok from the HOA and their attorney stating that is was ok for us to allow her to live there until the lease ended on 8-31-15. When we did put it on the market, the tenant refused showings and is not trying to get out of the lease.
Customer: replied 2 years ago.
is now trying to get out of the lease...(I accidentally typed not trying to get out of lease)
Expert:  Maverick replied 2 years ago.
Is it a binding agreement since the HOA said it was ok?
Yes, due to the HOA's ratification of the lease, your tenant cannot argue that it was or is now illegal in anyway.
To ratify in the law means to confirm and adopt the act of another even though it was not approved beforehand.
Plus, the tenant does not really have legal standing to argue it is unenforceable. If the HOA did not ratify, only the HOA would have standing to force an eviction and the tenant could have sued you for breach of the lease.
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