QUESTION
Can a tenant be evicted based on breaking Home Owners Association rules?
Asked on Dec 08th, 2013 on Landlord and Tenant Law - Arizona
More details to this question:
If a tenant is breaking Home Owners Association rules like noise, parking etc. and the landlord is being sent fines over $1000, can that landlord evict the tenant? Can just one fine be grounds for eviction?
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Don't know. I would have to look at the lease. But if I were a landlord of a house subject to HOA rules, I would include in the lease a requirement that the tenant comply with the rules and if the tenant did not comply, that would be grounds for terminating the lease. So, is the landlord as smart as me? Look in the lease and find out.
Answered on Dec 12th, 2013 at 9:37 PM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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Landlord can evict a tenant for violation of such rules. The procedure for the landlord would be to notify the tenant in writing and seek payment of the fine. If the tenant does not pay the fine, then the landlord can proceed forward with a notice to perform covenant or quit and begin unlawful detainer proceedings if the tenant does not comply.
Answered on Dec 12th, 2013 at 1:43 PM
Yes, the landlord could initiate eviction proceedings. The tenant would have the right to defend in court, but if it did not do so the eviction would probably be approved.
Answered on Dec 12th, 2013 at 1:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally contracts such as leases do are broken after any breach.
Answered on Dec 12th, 2013 at 1:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably you need to make sure that the lease requires that the tenant comply with the homeowner's associations rules.
Answered on Dec 12th, 2013 at 1:42 PM
The answer is usually found in the written rental agreement. A good rental agreement form includes language that requires the tenant to abide by the HOA rules and expressly states that violation of HOA rules is a violation of the lease. In the absence of such a provision, I recommend sending a 10-Day Notice of Material Noncompliance. After the 10 days have passed, if the tenant violates the HOA rules again, then you can evict for a violation "of the same or similar nature," which requires only a 10-Day (non-curable) Notice of Termination (see ARS Section 33-1368.A.2).
Answered on Dec 12th, 2013 at 5:10 AM