If a property management company leases a house under false pretense, what are they liable for?

Question

i am renting a house from a property management company for the last six months. at the beginning of this month, they informed me the owner wants my family and I to vacate the house. Apparently, the HOA is fining the owner for subletting the house, which is illegal under HOA Regulations. HOA also stated that they will put a lien on the property and eventually foreclose if the owner does not resolve this situation. The Property Management told me I am not obligated to agreement of breaking the lease but i would be in danger of losing any of my possessions if the house is foreclosed. Because of such short notice, I am not financially equipped to afford to move, let alone finance a new lease. I feel the Property Management should have been aware of HOA Regulations prior to advertising and leasing of the house. What is the Property Management liable for, and what is the owner liable for? And lastly, how could I get them to relocate my family and I without cost from me?

Answer 1

The homeowner is in a bad way here. But he can't make this your problem. And you are not in danger of losing any of your possessions if the house is foreclosed. That is a lie designed to get you to agree to do what they want.

First of all, filing a lien on the house and foreclosure are possible. But would a HOA actually do it for a violation like this? Probably not. And it takes a long time to foreclose. Months. It would take several court dates. And would the current owner let himself be foreclosed? Over something like this? Probably not. Then, if a foreclosure happened, the new owner (the HOA?) would have to evict you. That is also a long process. And you won't lose your possessions! If you don't voluntarily leave after an eviction, the owner will get the sheriff to physically remove you from the house. He will move all of your possessions out, and escort you out.

I think you're safe for another 6 months if you want to stay. And that's the end of your lease, right? You can count on the fact that your lease won't be renewed, and you will have to move at the end of it. But if you want to stay until the end of your lease, I think you can.

Answer 2

Of course they are responsible to know the rules, especially as many HOAs forbid rentals.

You hold all the cards. Since you are "not financially equipped to afford to move" simply add up the amount you need (within reason) and say "I need this much for you to buy out my lease. I'd use three months rent, full return of deposit and half of the moving expenses as a starting point.

If they're smart - and you're reasonable - you'll get it. Don't forget you'd have to move in 6 months anyway so simply "not [being] financially equipped" is no real excuse. And hiring a lawyer to force an extra six months will be d**n expensive.

Answer 3

No, the management company isn't responsible for that, the owner is responsible for telling them.

The management company is giving you the correct advice that you need to move out now or risk losing your posessions via foreclosure.

However, you cannot collect moving expenses on what is "going" to happen, you can only collect on what "has" happened.

The owner is liable.  Sue him.

However, no one is going to "front" you the money to move.

Answer 4

No  one will foreclose under the conditions you describe, The property manager is trying to scare you.

The owner and the Management Co. have responsibility. I would tell the MGT. Co. you will move when your deposits and moving money is supplied.

I would also contact your LOCAL FAIR HOUSING AGENCY and start an investigation.

YOU HAVE RIGHTS AS A TENANT!

Answer 5

The homeowner violated HIS lease

he's responsible for financial burden

get a lawyer and I'm sure you'll win this case

Answer 6

Did it ever occur to you that you don't have to move?  Neither the homeowner or the HOA can throw you out at this point.  The homeowner can't because you have done nothing to break the lease.  The HOA can't because their argument is with the homeowner and not you.  The HOA is blowing smoke when they talk about foreclosure.  It is possible for them to foreclose but I'm guessing it would take them a year or more to foreclose so don't rush out the door just yet.  If you want to be paid to move I suggest that you stay put and put pressure on the homeowner to buy out your lease.

Filing a lawsuit should only be done as a last resort when you have been damaged.  So far you are not damaged.  Think about it.