Legal Question about townhouse rental

new2the3 · 07-08-2009, 09:39 AM

I need some advice on this situation, I am very mad.

I was home in Florida June 21-27th with the goal to find a townhouse to rent for the year (Aug 2009-Aug2010). I was successful in finding a very nice place using a realtor. The house was listed for 1990/month, and they accepted an offer of $1850/month. To move in requires security and first/last payment. However, I did not want my lease to start until August since I will not need it till August 1. They were fine with that and I gave them a certified check as the security payment to hold the place for me. In my email I have a copy of the lease and it is signed by the owner of the house and dated June 28, 2009.

Now the problem... I get a call this morning from my realtor saying there is some very bad news. The community has a homeowners association and they do not want to rent to us for the sole reason that we are three male law students. They only want to rent to families and couples. I called the homeowners association and briefly spoke with some women who were a total bitch. All she said was it is in the community bylaws that every residence can only be occupied by single families and that we are not allowed living there. I find this utterly ridiculous as we already have a partially signed lease (owners half) and I have given a security deposit. Additionally, we are just renting and the owner of the house is still a single family.

Does my signed lease mean anything in this situation? Should I continue to pursue this townhouse or move on and find another place to rent? I am even more furious that I spent $700 in plane tickets to come home that specific week to find a lease starting Aug 1. I will not be back in town again till end of this month!

ragingclue · 07-08-2009, 09:44 AM

If two of you act like a gay couple, and the other an adopted child into the family, they will have no legal right to deny you the house.

Couch · 07-08-2009, 10:13 AM

I don't know if they can bar you from living there. That doesn't sound legal?

Yall are all law students, this is the perfect opportunity to grab the reigns and learn something first hand. Talk to your professors too. I would get a lawyer.

Ochmonek · 07-08-2009, 10:20 AM

Quote:

Originally Posted by Couch

I don't know if they can bar you from living there. That doesn't sound legal?

Yall are all law students, this is the perfect opportunity to grab the reigns and learn something first hand. Talk to your professors too. I would get a lawyer.

+1.

TurboFan · 07-08-2009, 10:21 AM

I'm not usually an advocate of sue first, ask later, but I HATE hoa's. They can not make a bylaw infringing on an equal rights amendment, which I assume applies? Fack em, sue, and sue for damages.

ACZakka325i · 07-08-2009, 10:27 AM

My vote: I say pose as a gay couple!

I would ask the owners to refund you the airfare since its their fault. I wouldnt want to live somewhere starting off on a bad note anyway. Get reimbursed and move on.

Blake · 07-08-2009, 10:31 AM

HOA's and labor unions both need to go away.

doubled24 · 07-08-2009, 11:20 AM

Find a cheap lawyer, threaten legal action if they don't reimburse you for the cost of lawyer writing the letter + your plane ticket and get your deposit refunded. You probably don't want to live in this community anyway.

firstkill · 07-08-2009, 11:24 AM

the HOA will make your life miserable if u live there.

I would just move on and get your deposit back. Perhaps talk to the owner and change the contract around.

fk

txusa03 · 07-08-2009, 11:43 AM

This always has been a mystery to me. How in the world do HOA knows you are moving in? Is the HOA a branch of the FBI?

TurboFan · 07-08-2009, 12:05 PM

Quote:

Originally Posted by firstkill

the HOA will make your life miserable if u live there.

I would just move on and get your deposit back. Perhaps talk to the owner and change the contract around.

fk

eh, it's hard for the HOA to do much to the tenant, unless they are prone to large, loud parties. Most law students I know don't have the time. But I'm the kinda guy that would live there for a year just to piss off the HOA. I really do hate them. I'm trying to get mine shut down.

goku · 07-08-2009, 12:59 PM

My advice to you is to find another While inconvenient, think of this as a blessing in disguise. Imagine the pain the HOA regime might put you through if you actually lived there.

SoYank · 07-08-2009, 01:36 PM

Quote:

Originally Posted by TurboFan

I'm not usually an advocate of sue first, ask later, but I HATE hoa's. They can not make a bylaw infringing on an equal rights amendment, which I assume applies? Fack em, sue, and sue for damages.

Which amendment? ERA failed to be ratified by 1979 and expired.

TurboFan · 07-08-2009, 01:52 PM

yeah, not an amendment, should have chosen a better word.

Two minutes on Google found this:

Quote:

Floridians are entitled by law to rent a place to live or buy a home without consideration of their national origin, race or color, sex, disability, religion or familial status.

Right off the state website http://fchr.state.fl.us/complaints__1/housing

Reading further, I'd send a registered letter with a printout of this site to the HOA, along with the site address. Furthermore, I'd suggest they cover my deposit in lieu of my filing a lawsuit, and the leadership agree to step down. Lastly, note that any harassment of them by police at the request of the HOA will result in a lawsuit.

All that said, I hate the litigious nature of our society, but this is one of those reasons we have these laws. Just my opinion, and I'm not an attorney.

Hawkeye · 07-08-2009, 02:00 PM

My bylaws state that you cannot rent the place out to anyone... I am sure the bylaws will stand. The point where you may win is they cannot discriminate between who rents the place... that does seem unfair.

I would say skip the trouble and extra $$ and time and just find a different place to rent.

lucas.kent · 07-08-2009, 07:09 PM

Whether its legal or not, if you move there the HOA and your neighbors could make your lives a living hell. Make a peep and you'll have the cops at your day. Park 14" from the curb - you'll have a parking ticket. You get the picture.

I'd get the deposit back and find another place. Either way that really sucks.

07-08-2009, 09:39 AM	#1
new2the3 Colonel 380 Rep 2,067 Posts Drives: 2020 X3M Competition Join Date: Jun 2006 Location: San Diego iTrader: (0)	Legal Question about townhouse rental I need some advice on this situation, I am very mad. I was home in Florida June 21-27th with the goal to find a townhouse to rent for the year (Aug 2009-Aug2010). I was successful in finding a very nice place using a realtor. The house was listed for 1990/month, and they accepted an offer of $1850/month. To move in requires security and first/last payment. However, I did not want my lease to start until August since I will not need it till August 1. They were fine with that and I gave them a certified check as the security payment to hold the place for me. In my email I have a copy of the lease and it is signed by the owner of the house and dated June 28, 2009. Now the problem... I get a call this morning from my realtor saying there is some very bad news. The community has a homeowners association and they do not want to rent to us for the sole reason that we are three male law students. They only want to rent to families and couples. I called the homeowners association and briefly spoke with some women who were a total bitch. All she said was it is in the community bylaws that every residence can only be occupied by single families and that we are not allowed living there. I find this utterly ridiculous as we already have a partially signed lease (owners half) and I have given a security deposit. Additionally, we are just renting and the owner of the house is still a single family. Does my signed lease mean anything in this situation? Should I continue to pursue this townhouse or move on and find another place to rent? I am even more furious that I spent $700 in plane tickets to come home that specific week to find a lease starting Aug 1. I will not be back in town again till end of this month! __________________ 2020 X3MC 2009 135i: AW/CR Aluminum Trim, 6 speed, M-Sport, Premium, Heated Seats, Ipod, BMW Performance Pedals, BMW Performance SSK, BMW Performance Exhaust, BMW Performance Grills E93 M3 FSB
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07-08-2009, 09:44 AM	#2
ragingclue One cam is enough 130 Rep 6,801 Posts Drives: VF Join Date: Oct 2008 Location: mulletville iTrader: (1)	If two of you act like a gay couple, and the other an adopted child into the family, they will have no legal right to deny you the house.
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07-08-2009, 10:13 AM	#3
Couch Colonel 142 Rep 2,900 Posts Drives: E92 335i Join Date: Jan 2007 Location: Houston iTrader: (0) Garage List 2007 E92 335i [0.00]	I don't know if they can bar you from living there. That doesn't sound legal? Yall are all law students, this is the perfect opportunity to grab the reigns and learn something first hand. Talk to your professors too. I would get a lawyer.
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07-08-2009, 10:21 AM	#5
TurboFan Ski bum 317 Rep 6,198 Posts Drives: sideways Join Date: Aug 2007 Location: Knee deep in the pow iTrader: (8)	I'm not usually an advocate of sue first, ask later, but I HATE hoa's. They can not make a bylaw infringing on an equal rights amendment, which I assume applies? Fack em, sue, and sue for damages. __________________ 1999 e46 328i Ti Silver / Black[retired] 2007 e90 335xi Jet Black / Black[retired] 2011 e70 X5 35d Vermillion Red / Cinnamon 2011 e92 M3 LeMans / Fox Red extended
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07-08-2009, 10:27 AM	#6
ACZakka325i Colonel 277 Rep 2,008 Posts Drives: 2 stroke Join Date: Jul 2005 Location: CT iTrader: (2)	My vote: I say pose as a gay couple! I would ask the owners to refund you the airfare since its their fault. I wouldnt want to live somewhere starting off on a bad note anyway. Get reimbursed and move on. __________________ (Waitlist): #1 M2CSL (Current): 2016 F15 X5 3.5xdrive - 2010 997.2 C4S Coupe (Past): 2016 F30 340xi M-Sport -2013 535i xdrive 2008 E92 M3 - 2006 E90 325i 2002 E46 325xi - 1991 E30 325i
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07-08-2009, 10:31 AM	#7
Blake Banned 755 Rep 4,649 Posts Drives: Chevy Aveo Join Date: May 2008 Location: Parent's Basement iTrader: (7)	HOA's and labor unions both need to go away.
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07-08-2009, 11:20 AM	#8
doubled24 Private First Class 15 Rep 116 Posts Drives: 07 e92 Join Date: Jun 2009 Location: TX iTrader: (0)	Find a cheap lawyer, threaten legal action if they don't reimburse you for the cost of lawyer writing the letter + your plane ticket and get your deposit refunded. You probably don't want to live in this community anyway.
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07-08-2009, 11:24 AM	#9
firstkill Second Lieutenant 12 Rep 247 Posts Drives: e93 Join Date: Dec 2005 Location: Alhambra iTrader: (0)	the HOA will make your life miserable if u live there. I would just move on and get your deposit back. Perhaps talk to the owner and change the contract around. fk
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07-08-2009, 11:43 AM	#10
txusa03 Major General 550 Rep 6,563 Posts Drives: TS330iPPSP6MT Join Date: Jul 2005 Location: Planet Earth iTrader: (3)	This always has been a mystery to me. How in the world do HOA knows you are moving in? Is the HOA a branch of the FBI? __________________ under construction!
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07-08-2009, 12:59 PM	#12
goku Enlisted Member 11 Rep 37 Posts Drives: M3 Join Date: Dec 2008 Location: Bay Area iTrader: (2)	My advice to you is to find another While inconvenient, think of this as a blessing in disguise. Imagine the pain the HOA regime might put you through if you actually lived there.
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07-08-2009, 02:00 PM	#15
Hawkeye Brigadier General 2070 Rep 4,365 Posts Drives: '07 Z4 Coupe, '21 X3, '16 GMC Join Date: Aug 2007 Location: Iowa iTrader: (0) Garage List 2016 GMC Sierra SLT [10.00] 2008 Yamaha R6 [9.00]	My bylaws state that you cannot rent the place out to anyone... I am sure the bylaws will stand. The point where you may win is they cannot discriminate between who rents the place... that does seem unfair. I would say skip the trouble and extra $$ and time and just find a different place to rent. __________________ 2007 Z4 3.0si Coupe • 6 MT • Black Saphire Metallic • PP • SP 2016 GMC Sierra SLT Z71 Premium Plus 4x4 2017 Harley StreetGlide • Denim Black • V&H Tune 2021 BMW x30i • Phytonic Blue Metallic • Fully loaded
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07-08-2009, 07:09 PM	#16
lucas.kent Major 143 Rep 1,173 Posts Drives: M3 Join Date: Aug 2005 Location: AZ iTrader: (2) Garage List 2016 BMW M3 [0.00]	Whether its legal or not, if you move there the HOA and your neighbors could make your lives a living hell. Make a peep and you'll have the cops at your day. Park 14" from the curb - you'll have a parking ticket. You get the picture. I'd get the deposit back and find another place. Either way that really sucks.
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