What to do if an HOA is demanding that my landlord evict me as he has no legal right to rent his townhouse?

I moved into a 3 bedroom townhouse in an HOA community last month. I signed a one year lease with the landlord. My landlord never told me that he was in violation by renting his home. I have since found this out after receiving a letter at my address from the HOA stating my landlord has 10 days to evict his tenants as to ensure he is no longer in violation. If he does not, he will receive a $25 per day fine until he is no longer in violation. The letter also stated they can put a lien on his home if he keeps occurring $25 per day charges. What are my rights in this situation as his tenant?

Asked on March 4, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, your landlord is caught between a rock and a hard place. You have a written lease to live where you are for one year. You have a contractual right to live where you are for this period so long as you are current in your rent.

One option that you landlord has is to pay a "buy out" of your lease to you such a $3,000 or so to terminate it so you can then go look elsewhere to live. However, you are not obligated to accept any buy out offer.


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