I rented my condo and the condo association wants to evict my tenants because they want it only owner-occupied.
Question Details:
They say they can, because my lease with my tenants states they must obey the condo rules. Also, they claim I am not permitted to rent my unit out because I signed a condo agreement that it would stay owner-occupied. I don't see how they can enforce the lease I have with my tenant without my support since my tenants never signed an agreement with the condo people. They claim they will evict them and put a lien on my property to recover their legal fees. Assuming my condo agreement does in fact say I may not rent my unit, can they evict my tenants? My tenants move out in 9 months anyway.
Please note that I am licensed to practice law in the Commonwealth of Massachusetts.
I agree with the previous attorney that you should take your condominium documents to an attorney and have them reviewed. Depending on the outcome, you will either need to defend your property against the condo association or commence eviction of your tenants.
Please do not hesitate to contact me if you would like to discuss this matter in more detail. 617-357-4898.
You need to check the agreement with the association that you signed to see exactly what it says and what enforcement rights the association has. Note that at minimum, the association can take action against *you* since you are a signatory to the agreement. Given that, potentially, you could face a significant lawsuit from your own association; possibly (depending on the agreement) you or your tenants could face eviction; and/or you might face a breach of contract lawsuit from your tenants ifyou violate their lease, you need to consult with a local RE attorney, with condo agreement and your lease with your tenants in hand. There is alot at stake, and the answer depends on both MA real estate law and on the terms of the agreements--get a formal legal consultation.
