Can i get out of my home lease due to deed restrictions within the community?

Question

the community i live in which is in florida is less than one year old and i have found out the deed for the home restricts selling or renting for two years. could i possibly get out of my lease due to this restiction?

Answer 1

I want to help you get what you want.

If the case was that you were being force to move. You would have action against your landlord to provide equal and suitable housing.

I believe the deed restriction was place there by the developer. So because your lease is not requiring any one to violate any laws, the lease is enforceable. Enforcing the restriction will fall at the discretion of the H.O.A or any community home owners that feel they have been damage by a non owner occupant.

So if this deed restriction is not causing you hardship you have no cause to want the lease to terminate. Sorry this isn’t the answer I think you were wanting.

Answer 2

You are kinda in a Catch 22. FHA, VA etc dont technically allow people that take out loans with them to lease/rent out the properties.

Happens every single day a million times. The problem you are facing you agreement is not with the trust deed hold, its with the current owner, or your landlord if you will. You made an agreement to lease a property. Lets say its an FHA home and FHA says to the home owner, you are all good we dont care. Where do you go? Nowhere!!!!

To make it simple your agreement with the landlord has nothing to do with the trust deed. Thats between the owners and the holders of the trust deed. If the 2 parties above dont care, doesnt matter. Has nothing to do with you. The landlords might not have known and they can change that. Even if they did rent it went then shouldnt. It has abosolutely nothing to do with you. Only way you can get anything is if you got kicked out.

Good Luck.

Answer 3

are you the tenant or the landlord?

the owner of the property had a positive duty to act in accordance with the deed restrictions ... however, if you're the tenant and aren't being forced out by the association, you likely can't break your lease.

after all -- you bargained to live there and, so far, no one is trying to prevent you doing so. Lots of these restrictions are quietly ignored -- the association turns a blind eye.


Of course, if you're the landlord and you rented the place in violation of the deed restrictions, you can probably get out of the lease -- BUT you'll have to compensate the tenant who you mislead into spending money to move in, etc.

Which might become expensive.

Btw, if you do break the lease, don't rent the property again in defiance of the restrictions -- that opens the door for the tenant to sue you on many possible grounds including 'bad faith' dealings, discrimination, etc.



does this help?

Answer 4

Probably not since you were most likely given the particulars prior to signing. If it's a hardship you might want to go to whoever oversees your community and plead your case.