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  1. #1
    optdan is offline Junior Member
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    Can HOA force the landlord to evict me?

    What is the name of your state (only U.S. law)? California

    A couple weeks ago my landlord served me with a 30 day notice to move. He told me that it was because one or more of the owners of the townhouses I live in has been filling a lot of complaints about me. However, according to the owner I have been an ideal tenant. I always pay my rent on time and never cause any trouble with any of my neighbors.

    I have received a warning in the past from the owner because a complaint was filled against me for working on my car. He even sent me a picture of me under my car making an adjustment to the suspension. I guess someone probably thought that was a poor white trash thing to be working on my car where everyone could see, so they filled a complaint. After that complaint I called the HOA and asked them if I could get a copy of the CC&R's so that I could read them so as not to break anymore rules here. The president of the HOA told me that it's not hos responsibility to provide me with the CC&R's and that I would have to take that up with the owner. I asked the owner to provide me with a copy and he said that he did not have one, but he would call the HOA and see if he could get one for me. The HOA told him it would cost $350.00 to get a copy and the owner did not want to spend the money to get it. I ended up telling the owner not to worry about it and that I would not work on my cars in the open anymore.

    So here we are several months later and I get the 30 day notice to move from my landlord. In his email he stated that many more complaints were filled against me. I asked him what they were and he told me he did not know for sure, but he thinks it was for parking violations. After he told me that I had to laugh a little bit because I think I know what the problem is. I often times pull up in front of my garage to unload and load my car. I carry a lot of computers in and out of my car because that's what I do for a living. The HOA said that they have lots of pictures of me breaking the rules so I am assuming that's what it is. I never really thought much about parking in front of my garage to load and unload because a lot of people park in front of their garage. Some even park overnight.

    So the question is... Do I have to move? Or do I have any rights here? The landlord says that if I move like the HOA want's they will let him off the hook for the fines that they have charged him with, so he just wants me out. I think they have fined him a couple thousand dollars and they also told him if he even calls them to as any questions he will be charged $165.00 per call for taking up their time. It just seems a little unfair that nobody ever contacted me personally until it was too late, and neither the HOA or the landlord could or would supply me with the CC&R's. It's kind of hard to follow the rules of the game when you have no idea what the rules are.

    The only other problem is that I have an 18 year old son that is about to graduate from high school. The landlord wants me out in May and my son does not graduate until June. If I move in may, I will have to register him in another school and he won't be able to graduate with the friends that he grew up with. I know in the big picture that's probably not a big deal for my landlord, nor is is a big deal for the HOA. In fact I have a feeling that the HOA will probably take great joy in the fact that my son will have to transfer schools a month before graduation. In my opinion graduating from high school is the biggest event in a young mans life. It gives a child a great sense of accomplishment and pride. Especially when he does it with friends that he has known since he was a little boy. I would hate to take that away from him.

    So, in closing are there any options that I have? I don't think the landlord or the HOA will listen to me. I have already damn near begged the landlord to stay, but he is too scared of the HOA to give me anymore time. The only thing I can think of is to stay until the end of my notice and then just pay the rent for May and act like nothing is wrong. I suppose he will file an unlawful detainer against me, but I think i can get at least another 30 to 60 days here. That will get me past my sons graduation.

    Any help would be greatly appreciated!
  2. #2
    FarmerJ is offline Senior Member
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    I gotta ask are you on a fixed term lease or a month to month rental ? If your month to month LL can terminate with proper notice , if your on a fixed term ( multiple months ) does your lease say that you were given a copy of the rules or that you would just abide by hoa rules ? If you were not provided copies of the rules and are on a multiple month lease I would say you have to figure out if your willing to take your chances in court to tell the court you have not violated your lease agreement because you have not been given these so called rules to even know what rules to follow at the time you signed the lease. there is nothing you can do about any residents in the community who have violated same rules , See I figure that the LL is to be held to higher standard, meaning if I was your LL I would have had it written somewhere in your lease that you had to sign for a copy of the rules or I would have sent them to you via certified mail with the first so called violation since it would have been my intent to make you pay for any further violations once you had the information you needed so you could avoid them. So to me it makes sense to insist that a LL be able to show a court that you got a copy of them as part of proving a lease violation.
  3. #3
    optdan is offline Junior Member
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    Unfortunately I was on a lease the first year I was here, but now I am on a month to month. The lease does say the the CC&R's will be supplied on request, but I was unable to get a copy because the landlord did not want to pay the money to get a copy of the CC&R's. I have a feeling that the HOA just told him $350.00 was the cost because the HOA does not want me to have a copy of the CC&R's. I have been told through the grapevine that one of my neighbors dislikes me and he is the one that is doing the complaining. He also happens to be friends with the guy that runs the HOA. I'm pretty sure that my neighbor and the HOA are just doing what ever they can to get me out of here. The only problem is that I don't think I have any rights here. At least not against the HOA, and the Landlord has the right to evict me anytime he wants because I am now on a month to month lease.

    I guess now the only thing I can do is to just stay here against the landlords will. I'm pretty sure he will file a UD, but I only need to stay here a month longer than he wants me to. I just need to stay here until my son graduates from high school.
  4. #4
    divona2000 is offline Senior Member
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    Quote Originally Posted by optdan View Post
    ...A couple weeks ago my landlord served me with a 30 day notice to move....I get the 30 day notice to move from my landlord. In his email he stated ...
    Quote Originally Posted by optdan View Post
    Unfortunately I was on a lease the first year I was here, but now I am on a month to month. The lease does say the the CC&R's will be supplied on request...the only thing I can do is to just stay here against the landlords will. I'm pretty sure he will file a UD, but I only need to stay here a month longer than he wants me to...
    So this notice was not written, it was just an email?
  5. #5
    optdan is offline Junior Member
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    Initially it was an email. Then he sent me a copy in the mail.
  6. #6
    FarmerJ is offline Senior Member
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    Sad to say as a month to month renter Your LL can just tell you via proper notice to move out BUT in ca when someone has been in same place for more than a year is it not a 60 day notice required ? ( I do believe thats your states law but you need to verify it your self like your state govt page links for renters) . as to reasons he did not get a copy of the rules to give you after you asked for them all you would have had to do at the time was send him certified letter requesting them and his refusal to pay would have been his problem since you would have been able to prove to a court that you asked and LL would have had to show a court proof they were sent if you had a whole new year renewal and were not a month to month renter. But that doesnt matter now, your not on a long term lease. Re check your state laws , I think your son will be able to finish school right where you are no problem.

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