Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My tenant and I signed a one year lease, she has moved into…

Customer Question
My tenant and I...

My tenant and I signed a one year lease, she has moved into the apartment, the HOA has now informed me she did not pass the background check and she must leave. Am I now responsible for her one year lease.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No issues, she did not pass the background check done by the HOA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know my legal rights to this and can she make me honor the lease

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 minutes by:
5/31/2018
Lawyer: barristerinky, Attorney replied 2 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,038
Experience: Attorney over 17 years, landlord 26 years
Verified

Am I now responsible for her one year lease.

,

This presents a big problem because unless you made her tenancy conditioned on getting approved by the HOA, then you shouldn't have signed a lease and let her move in before you had a decision by the HOA. The reason is that her lease with you is legally binding, regardless of any problems between you and the HOA over her status..

.

So she can enforce the lease, even if the HOA finds you in violation for renting to her.

.

With that said, your best recourse here is to talk to the HOA and see if you can do something to improve the tenant's standing so they can get approved...

.

Otherwise you can't break the tenant's lease and evict them because the HOA didn't approve them unless you put that in the lease. And you would then be subject to whatever penalties the HOA imposes for renting to an unapproved tenant..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,038
43,038 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,038 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I advertised in MLS through agent my new jersey ranch style
I advertised in MLS through agent my new jersey ranch style home 2 months ago. Last month, tenant submitted rental application in her name providing her details and documents & the rental agency scree… read more
Lori
Lori
Juris Doctor
2,110 satisfied customers
I signed a paper titled "Addendum 9 Laundry Usage Policy".
I signed a paper titled "Addendum 9 Laundry Usage Policy". It states "The laundering room is strictly for laundering your own personal clothes. If you are caught doing laundry for others, you will be … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is what my daughter asked me. I gave my roommate notice
This is what my daughter asked me.I gave my roommate notice that I would be leaving our apartment no later than July 30th. I then arranged to move out on June 30th but still pay for July's rent so she… read more
Thelawman2
Thelawman2
Doctoral Degree
1,733 satisfied customers
My mother in law is 84 years old and has lived in the same
My mother in law is 84 years old and has lived in the same apartment for over 20 years. She use to have her sister live with her until her recent death. She has complained to the landlord for some tim… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
A lease was signed on a Friday. Tenant has not moved in and
A lease was signed on a Friday. Tenant has not moved in and no money has exchanged hands. Tenant changes his mind and does not want to move forward with the lease. Does the three business day rule app… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about landlord tenant laws in Los angles
I have a question about landlord tenant laws in Los angles for a property I own which is under rent control. … read more
LegalGems
LegalGems
Juris Doctorate
12,775 satisfied customers
I Just signed a lease new apartment. However, I just found
Hello, I Just signed a lease for a new apartment. However, I just found out the unit owner has had another person on the lease since may that she has been trying to get off the lease. All while still … read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
I am looking to add to our CCR about an owner wanting to
I am looking for rules to add to our CCR about an owner wanting to rent his/her house. Need an amendment clause for the state of Oregon. *************… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter rented a condo year. Signed the lease,paid the
My daughter rented a condo for a year. Signed the lease,paid the rent on time each month for the last 6 months. Landlady (friend of a friend) did not charge secrity or ladt months rent. She also did n… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,038 satisfied customers
I have four young ladies who leased a 4-bedroom apartment.
I have four young ladies who leased a 4-bedroom apartment. Some of them have moved out before the end of the lease but recruited other girls as subleasees. One of the original tenants, Neha, moved out… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
I rented an apartment to two men. After 6 months one of the
I rented an apartment to two men. After 6 months one of the tenants moved out with a weeks notice and told me to keep the security deposit. The other tenant has moved someone else in after i specifica… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My girlfriend and I signed an apartment lease on October 17,
My girlfriend and I signed an apartment lease on October 17, 2009. I did not want to sign the lease myself, but I was told by the leasing agent I had to because I was at least 21 years of age. My girl… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am trying to sue an ex-roommate in the state of NY for stealing
I am trying to sue an ex-roommate in the state of NY for stealing my security deposit for them having unpaid rent. I moved out of the apartment early after we had a fight making sure that I paid the l… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
Lawpro - When renting my house and the Company wants to pay
Lawpro - When renting my house and the Company wants to pay the rent for the tenant, i assume i can still ask for a background check for both the tenant AND the company that is paying the rent correct… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
No lease signed...only a small background check document for
No lease signed...only a small background check document for the homeowner association. On 1/27/13 I gave the landlord that document a check for 120.00 for the HOA fee and a check for 1,500.00 for dep… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Dear Sir/Madam, My lease ends at the end of May and I have
Dear Sir/Madam, My lease ends at the end of May and I have to move out at the end of January. I found a person who was willing to sign a lease with the leasing office and would move in on February 20.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi, I am a tenant on the lease in an non-rent stabilized apartment
Hi, I am a tenant on the lease in an non-rent stabilized apartment shared by 2 other leased tenants in NYC. One of my roommates moved out and got a girl from craigslist to move in and pay rent to her.… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My girlfriend and I are looking for an apartment to move in
My girlfriend and I are looking for an apartment to move in together. We found one in San Bernardino California. Though I financially qualify by myself for us to live there, they told us that she also… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x