Can I break the lease if landlord doesn't disclose rules?

Question

I signed a lease 8/06 for one year and had the landlord sign a document saying I was allowed to obtain a business license and run a daycare out of the home....now the HOA is suing me saying I can't run a buiness buy my landlord told me I could! Can I break the lease? I have to work to pay rent but if I can't do daycare I can't pay rent. I feel like the HOA rules should've been given to me upfront.

Well I wasn't given any rules to check into. I was told it was ok. No HOA rules were EVER given to me by my landlord, I requested them straight from the HOA...3 months into my lease. Had I know it wasn't ok, I would've picked a different property!

Answer 1

You have a rather sticky question here. Your landlord is not violating the terms of the lease. You have HIS full permission to run that business. Your issue is with the HOA. The HOA has no issue to sue YOU. Their gripe is with the landlord. It's HIS property, not yours.

You are best guided to speak with the landlord about this situation. If that gets you nowhere, your only further option is legal advice and possible litigation.

Answer 2

The HOA should be suing your landlord, not you.

Your use and occupancy of the property depended on the property being able to be used for YOUR intended purpose ... and your intended purpose was to run a day care out of your home. Your landlord knew that when he rented it to you.

It was your landlords responsibilty to make sure that this did not conflict with the rules and regulations of HIS hoa before he rented it to you for that purpose. Luckily for you, you have a document signed by your landlord stating that you intended to run a day care out of the home.

It's always a good idea to get the hoa rules & regs if you are renting a property that is governed by a hoa since you are in effect governed by them ... but since your landlord knew what you intended to do and agreed to allow you to rent the property for this purpose, he should have been the one who made sure it was allowed before he rented it to you for that purpose.

I don't think you should have any problem getting out of your lease. Pay a lawyer to write the letter for you. It won't cost much it and the lawyer can make your legal position clear to your landlord so he won't give you any problems.

The fact that you can't run a day care there is not the issue as some people seem to think. If the hoa says you can't, then you can't because the property is ultimately governed by them. Your issue is getting out of your lease without penalty; and since he knowingly rented it to you for a purpose that was not allowed under the hoa his property is governed by, it becomes his problem and not yours.

Commercial leases are different. In a commercial lease it is the responsibility of the tenant to find out any possible zoning or permit issues beforehand. You are not a commercial tenant.

Answer 3

you should have checked into the HOA rules yourself. it's your responsibility to check everything out before you open a business....it isn't someone else's responsibility including your landlord and the HOA people. you do not have grounds to break your lease w/out facing the penalties outlined in your lease by your landlord (usually it's at least one months rent and your damage deposit)

Answer 4

I would contact your local Landlord Tennant Association and ask them the rules in this type of situation. Your landlord should have told you this and in "MY" opinion you should be able to break that lease due to an undisclosed information clause. That wasn't right of him to do that.

Answer 5

It's your responsibility to know the rules for your situation, it's not his to tell you. Your agreement with him doesn't put you in the clear with the HOA.