What are my options?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options?

Hello. I rent my home on Airbnb, a short-term home rental service. I recently received a cease and desist letter from my HOA company to stop doing so stating that, ‘No unit shall be used for transient or hotel purposes’. It is in Maryland. Do I have any options here? Ultimately I would like to continue to rent my home. Thank you for any information you can give.

Asked on November 1, 2017 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on what the documents governing your unit (e.g. the master lease, the bylaws, the rules and regulations, etc.) say. If those documents themselves state that "No unit shall be used for transient or hotel purposes," then the HOA has the authority to do prevent you from renting your unit out and there is nothing you can do. My law office recently had a case just like this: the unit owner, who kept renting out after warnings to not do so, lost his unit  as a result of his continued violations. If the governing  documents allow them to bar this--and many or most governing documents will--take it very seriously; you could suffer severe consequences for violating those rules.


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