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Can a HOA force us to violate our lease?

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dwells

Junior Member
What is the name of your state? ME
Background, landlord is MIA, husband wants to move and give only 30 days, lease says 60days. The lease is up May 1 and there is no sign of landlord for us to renew it.
I always thought it then becomes a month to month. I've never rented in a community with a Homeowners Association.
The HOA president and board member came by and wanted us to move. They would give us references because landlord is MIA.
I'm still worried about the 30/60 day notice. I told them that this morning and they said we cannot stay here without a signed lease. According to them after May 1 there is no lease.
I've asked for a copy of their bylaws, who knows if I'll get them.
Certified letters have all been sent to landlord, she lives in another state, they all came back.

If they tell me I have no lease and have to be out and I don't give the proper 60 days that is in our lease, do they assume responsibility?
 


JETX

Senior Member
Tell the HOA to kiss your ass.... they have NO control over you. Their complaint, if one, is with the homeowner.
 

dwells

Junior Member
Tell the HOA to kiss your ass.... they have NO control over you. Their complaint, if one, is with the homeowner.
That's what I thought.
I'm saving the KMA for the husband and the HOA can mind their business.
Thanks
 

ecmst12

Senior Member
When a term lease expires, it becomes month to month under the same terms as the original. So you do have to give 60 days notice, not 30.
 

JETX

Senior Member
When a term lease expires, it becomes month to month under the same terms as the original. So you do have to give 60 days notice, not 30.
And of course, that is not necessarily true. A lease can include a provision for renewal of any reasonable period (if allowed by law)... and most states dictate that it reverts to a month-to-month if the lease is silent on the issue. Any statement of a specific term without actually reviewing the lease is a guess.
 

Who's Liable?

Senior Member
Though if LL is ignoring certified letters, they're not going to receive your notice anyway.
YES they will, they(LL) CHOSE to ignore it by NOT picking up their mail. All OP has to show is the UNOPENED CRR letter(that was returned) to the judge. It becomes proof the OP sent a letter of their intent to vacate.
 

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