If an HOA’ by-lawsstates that it is illegal to rent a room in an owner occupied home and I’m leasing condo there, is my lease null and void?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an HOA’ by-lawsstates that it is illegal to rent a room in an owner occupied home and I’m leasing condo there, is my lease null and void?

Asked on October 19, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the association's recorded by laws state that an owner who is living in his or her unit cannot rent a room out in a property located in the association, the owner is precluded from doing so under the terms of his ownership in the complex.

If you are solely renting a room out in an owner occupied unit, then the rental to you is improper by the landlord and you have the option of terminating your agreement. The recorded requirement does not make your agreement void, but rather makes it voidable. Meaning, at your election you can end your lease.

However, if you are renting the entire unit, then the provision that you are writing about is not applicable to your situation.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption