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?
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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 12 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.
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