Legal Question in Landlord & Tenant Law in California

Ending Lease?

Hello!

I'm currently live in a condo that a year lease was signed on. The condo area that we live in has an HOA, and just recently the HOA has sent new rules as far as parking on property! When we moved in we had 4 vehicles and assigned 2 parking places. We were told parking in visitor parking was fine as long as the car was moved every 24 hours. The HOA has changed the rules now and no resident can park in visitor parking, only visitors. You must register cars of the house hold and if found parking in visitor parking, your car will be towed at your expense. There is no nearby street parking, if we parked in the nearby parking our cars will be towed as well. The company we've rented from is telling us this is not a reasonable reason to let us out of our lease as its not their fault the HOA has changed their rules. We only signed the lease because we knew parking would be an issue, now it is and the rental company is giving crap about ending the lease. Do I have a legitimate reason as far as getting out of the lease? Are there anything I should bring to the rental companies attention, regarding why they should let us out of the lease? Any assistance would be greatly appreciated! Thanks so much!


Asked on 7/12/06, 6:10 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Ending Lease?

It really wouldn't appropriate to give you specific advice without being able to review the lease. In most rental agreements involving an HOA, the rule making authority of the HOA is incorporated into the lease. The HOA has very broad authority to change the rules for use of the common areas, that is just a fact of life in an HOA.

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Answered on 7/12/06, 7:13 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Ending Lease?

Typically, with rentals at apartments as opposed to condominiums, the management cannot change certain benefits and then evict you for violating them. It may be different with condos, because your lease may contain a provision that you are subject to certain changes. You should have your lease reviewed thoroughly. Good luck.

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Answered on 7/12/06, 7:34 pm


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