I just moved into a townhouse a couple of days ago (renting). My girlfriend has an in-home daycare, caring for 6 children. Our landlord was somewhat skeptical at first, but agreed to the daycare. Two days after moving in we received a phone call from the landlord stating there had been a complaint from the HOA. Apparently no businesses are allowed by the HOA in our neighborhood. We were ordered to shut the daycare down, which we of course cannot due to the needed income. What are our choices? Move again, and pay all the extra fees associated with moving? Can we continue living here and running the daycare? There was no mention of a HOA before we moved in or was mention of one in our lease. Our landlord also said that it was ok to have the daycare. If we continue living here would our landlord be the party that would accrue the fines from the HOA? We really don't want to move but we feel it's the best thing to do, however, we want compensated for the moving fees, time off work, and also get the 1st month rent and security deposit back. Any help?
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Problem with HOA and in-home daycare
- Thread starter dl99436
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I just moved into a townhouse a couple of days ago (renting). My girlfriend has an in-home daycare, caring for 6 children. Our landlord was somewhat skeptical at first, but agreed to the daycare. Two days after moving in we received a phone call from the landlord stating there had been a complaint from the HOA. Apparently no businesses are allowed by the HOA in our neighborhood. We were ordered to shut the daycare down, which we of course cannot due to the needed income. What are our choices? Move again, and pay all the extra fees associated with moving? Can we continue living here and running the daycare? There was no mention of a HOA before we moved in or was mention of one in our lease. Our landlord also said that it was ok to have the daycare. If we continue living here would our landlord be the party that would accrue the fines from the HOA? We really don't want to move but we feel it's the best thing to do, however, we want compensated for the moving fees, time off work, and also get the 1st month rent and security deposit back. Any help?
FlyingRon
Senior Member
The reason this board puts the question "What is the name of your State?" In the edit box, is that IT IS REQUIRED for you to give this.
The landlord made a mistake, but both you and him are likely to be the eventual target of a lawsuit if the HOA wishes to pursue this.
They could (and if I was giving the HOA advice) be making complaints to whoever inspects and regulates day care in your area as to your legality as well.
Needing to make an income is not an excuse to violate the covenants.
The landlord made a mistake, but both you and him are likely to be the eventual target of a lawsuit if the HOA wishes to pursue this.
They could (and if I was giving the HOA advice) be making complaints to whoever inspects and regulates day care in your area as to your legality as well.
Needing to make an income is not an excuse to violate the covenants.
Sorry, state is PA.
I understand I have to do what the HOA says even if that means moving. The daycare was approved by the township as she is a licensed daycare provider. If we have to move we will of course do so. Since the landlord OK'd the daycare and did not make us aware there was an HOA, are we entitled to our security deposit or any associated moving costs? Since we've only been here a couple days we would be breaking our lease by moving, but we cannot afford to live here with one income. The landlord said my girlfriend needs to get another job or we will not get our security deposit back.
I understand I have to do what the HOA says even if that means moving. The daycare was approved by the township as she is a licensed daycare provider. If we have to move we will of course do so. Since the landlord OK'd the daycare and did not make us aware there was an HOA, are we entitled to our security deposit or any associated moving costs? Since we've only been here a couple days we would be breaking our lease by moving, but we cannot afford to live here with one income. The landlord said my girlfriend needs to get another job or we will not get our security deposit back.
**A: does your written lease allow commercial use?
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