Can I break my lease if I was not made aware of a homeowner’s association at the time I signed?

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Can I break my lease if I was not made aware of a homeowner’s association at the time I signed?

I recently moved into a rental home that is part of a homeowner’s association with some strict rules I don’t agree with. The existence of the homeowner’s association and its rules was not disclosed to me at the time I signed the lease. However, in the lease, there is a clause that states that I will abide by any existing homeowner’s association rules and regulations. Is there any way I can break my lease due to the non-disclosure? I certainly would not have signed the lease had I actually known about these rules.

Asked on June 18, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, the potential landlord is required to disclose all matters with respect to a rental that would materially affect its desirability or price paid. The issue is whether or not the HOA's existence and its rules that were not disclosed to you before you entered into your lease was material to the desirability or price paid for the rental.

I suggest that you speak with your landlord over this issue and see what he or she wishes to do with respect to terminating your lease without any recourse to you. If not, then you should consult with a landlord tenant attorney further on the subject.


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