Legal Question in Real Estate Law in California
HOA Fees on move out by tenant
The condo HOA in the apartment we are renting have a set of instructions given to all owners or tenants moveing (in or out) which details which moving company you cannot use, that you must give them 7 days notice, get a moving permit signed by the management, and that we must pay a $250 non-refundable move in/out fee, and a $200 refundable security damage fee. Can they do this? What if we refuse to pay, can they stop us from moving out? Can they force us to pay these fees?
2 Answers from Attorneys
Re: HOA Fees on move out by tenant
Yes, they may be able to charge these fees. Once needs to review the CC&R's, bylaws and minutes of meetings, etc. They cannot stop you from moving out, but they may be able to assess the fees against the unit, etc.
Re: HOA Fees on move out by tenant
They may be able to charge the owner (landlord) these fees, but you are responsible only if your lease says so.