What i the law regarding HOA fees for a previous rental home?

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What i the law regarding HOA fees for a previous rental home?

When we moved into our old rental house we signed a contract to pay the landlord $50 a month total for HOA fees. We were a free standing house and not part of an HOA. Since he is dragging his feet on paying our deposit even though the house was immaculate, we are considering legal action. Can we sue him for these HOA fees as well? Are those fees even legal to charge?

Asked on August 14, 2012 under Real Estate Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The written lease that you presumably signed controls the ovbligations owed to your landlord by you and vice versa. If there were representations that the rental was part of a HOA and you agreed to pay $50.00 per month for such fees where in fact the unit was not subject to such fees, your landlord is liable to you under the law for the return of such fees paid by you plus accrued interest.

What the landlord did to you as to such represented fees was make a material misrepresentation to you warranting the return of the money you paid up front.


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