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Old 07-01-2011, 11:47 AM
 
1 posts, read 1,466 times
Reputation: 10

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Just a quick background, I recently (March) started renting a place out in the southwest. Approximately 30 days ago I received a letter in my mailbox stating that the homeowner (my landlord) is in violation of his buying agreement in which he agreed not to rent the house out.

I've been in touch with the landlord who at first suggested I pretend to be a family member, but then later recanted and instead insisted everything would be fine.

I took it upon myself to contact the independent HOA whom assured me that the landlord is indeed in violation and that I'm basically at his disposal now.

I don't feel comfortable living in a home when I know the landlord is violating contractual agreements in order for me to be here. I know that I'm not personally the one in violation and that responsibility ultimately falls on him.

I've decided to put in my 30 day notice today and I'm curious as to what course of action I should take in order to retain my security deposit ($1100) and get out of the lease?

I know a lawyer is probably the best option, but any other advice would be greatly appreciated as well. Thanks!
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Old 07-01-2011, 07:31 PM
 
Location: SoCal
681 posts, read 2,800,567 times
Reputation: 496
Strangely enough I was in a similar situation. I was purchasing an investment home to rent out and it already had a renter in there. Naturally we thought that renting would be allowed in the community. When we got the HOA docs, it clearly stated that homes in the community were not allowed to be rented, so naturally we didn't go with that property.

I'm assuming your not on a lease as you have given your 30-day notice. If you don't get your security deposit within 30 days of moving out, you can take the landlord to court. At that time you can show the judge the letter you got in the mail regarding the violation.

If your on a lease, I highly suggest you find either a tenant landlord resource office or a lawyer who can guide you for the best course of action.
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