What are a tenant’s rights if they are forced to move because they broke HOA rules which their landlord never informed them of?

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What are a tenant’s rights if they are forced to move because they broke HOA rules which their landlord never informed them of?

We are renting from a homeowner who is a part of an HOA. The homeowner, did not know and did not tell us that my husband could not park his work cable van in the driveway or common areas. We are now forced to move because the HOA is fining the homeowner. According to the cable company rules, the can can only be parked at my husband’s residence. We have no where to go and have already incurred expenses moving, we’ve only lived in the house for one month. What can be done?

Asked on July 21, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Read the terms of your lease with the landlord to see if there is any reference to association rules that need to be complied with for the rented unit. The contract would control your question. If the lease says nothing about obeying association rules and the rules were never provided you by the landlord, it does not seem right that the landlord can evict you from the rented unit for a violation because he failed to advise of the restrictions.

If there is a local landlord/tenant grievance board, you should seek it out and discuss your situation. You should consider asking the landlord for a specific reason in writing why the landlord is evicting you for future use. Before voluntarily vacating the property, you might consider consulting with a landlord/tenant lawyer about this matter.


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