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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37855
Experience:  Attorney over 16 years, landlord 26 years
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On a short term VRBO property, How many days notice is

Customer Question

On a short term VRBO property, How many days notice is required to notify a renter that they will need to vacate a property? Our homeowners association has notified our renter that they cannot renew their lease with us because they have a 6 week only rule for a child to be in a residence rented in the nieghborhood.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Is the tenant under a fixed term lease or are they month to month?

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How long have they lived there?

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thanks

Barrister

Customer: replied 11 months ago.
Florida and the rental was short term 2 months, then we extended one moth and was again asked to extend again for 2 months. We did that and found out that our nieghborhood association wouldn't allow them to extend for the last 2 months because the association didn't allow a child (ten) to reside in a home longer than 6 weeks. So we notified our renter that we will refund their rental fee for the extended 2 months and will need them to leave in 8 days. It is a VRBO rental.
Customer: replied 11 months ago.
Is there a law that we need to give them a longer notice or a notice in writing?
Expert:  barristerinky replied 11 months ago.

Ok, the problem here is that the tenant can enforce the lease for its full duration. The fact that it is against the HOA rules wouldn't affect the tenant's rights to enforce the lease. If their lease duration creates a problem with the HOA, that is something that you as a landlord have to deal with. The tenant isn't bound by any restrictions of the HOA regarding occupancy, only the landlord/owner is. So if they have a contract for XX months, they can enforce it, even if it puts you in violation of the rules of the HOA.

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So your can try to give the tenant a notice that they need to leave and you will refund, but if they refused to leave, they are legally in the right here and you couldn't force them to vacate until their fixed term lease was up..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 11 months ago.
Thank you. ***** isn't going to give up them entrance at the gate to the residence. We have no recourse but to ask them to leave and accommodate them monatarily for the inconvenience. We have found them other options near by and offered to pay the rental cost difference if any.
Expert:  barristerinky replied 11 months ago.

Ok, that is a difficult situation if you are the owner/landlord. But unless this is a 55+development, prohibiting children would likely be a violation of the Fair Housing Act it you wanted to challenge it.

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But if the tenant refused to leave, you are in a tough place because that legally puts you in breach if they won't allow the tenant access to the property.

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Have you considered entering into two separate leases under different names to get around the restriction....maybe one lease under father's name and one under mother's name...so two separate leases that wouldn't violate the questionable rule?

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thanks

Barrister

Customer: replied 11 months ago.
It is a restricted 55+ community
Customer: replied 11 months ago.
As a 55+ community are there other renter laws to be applied here?
Expert:  barristerinky replied 11 months ago.

Ok, then legally they can prevent children.. So your best recourse here is to see if the tenant will agree to voluntarily terminate their tenancy and move. If not, they can enforce the lease and you are stuck with whatever penalties the HOA imposes.

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55+ communities can legally discriminate against under 55 people under federal law...

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Barrister