What if my landlord isn't allowed to rent to me?
July 3, 2011 9:17 PM Subscribe
Friend signed a July 1 lease on a condo. Found out today that the owner is prohibited by the condo association from renting to her. Movers are scheduled for July 7. Now what?
posted by ubermuffin to Home & Garden (17 answers total)
My friend stopped by her new place to take a look around a few days before the movers were scheduled. It's a condo, and the door code that she had gotten from the landlord didn't work as expected. She called the phone number on the front door, and ended up talking to a member of the condo association who was furious to find out that she was a new rental tenant, because rentals are prohibited.
After she had gotten into the apartment, she called up the landlord to see what was going on, and he told her that he apparently had missed the latest update to the condo bylaws. He asked if she was willing to push back her move date from the 7th to the 15th so he could have some time to smooth things over with the condo folks.
Clearly, this is not good because there's no guarantee that if she does reschedule, they'll be any more likely to allow renters by then, not to mention the massive inconvenience of canceling vacation, extending the current lease, etc.
She currently has access to the property and a signed one year lease that says she's a tenant.
What should my friend do next? Can the landlord or condo association now prevent her from moving in? Or since the lease has already begun would this amount to an eviction? Does the landlord's professed ignorance of the condo bylaws amount to operating in bad faith?
This is in Alabama, by the way.