• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HOA forcing owner to evict tenant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tapcap

Junior Member
What is the name of your state (only U.S. law)? OHIO

The HOA in the development we lease a home is trying to force the owner to evict us because of a clause that states the owner can only lease for a maximum of 24 months due to hardship. The owner would be forced to foreclose on the property if he had to evict us and we would like to stay for one more year until our daughter graduates (she is a senior in high school). The owner would like us to stay another year in hopes the market will improve so that he does not take a big loss. He lives out of state and the HOA will not allow another lease. There has to be some constitutional precedent that prevents an HOA from virtually forcing a homeowner into foreclosure. PLEASE HELP POINT US IN THE RIGHT DIRECTION!!:confused:
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? OHIO

The HOA in the development we lease a home is trying to force the owner to evict us because of a clause that states the owner can only lease for a maximum of 24 months due to hardship. The owner would be forced to foreclose on the property if he had to evict us and we would like to stay for one more year until our daughter graduates (she is a senior in high school). The owner would like us to stay another year in hopes the market will improve so that he does not take a big loss. He lives out of state and the HOA will not allow another lease. There has to be some constitutional precedent that prevents an HOA from virtually forcing a homeowner into foreclosure. PLEASE HELP POINT US IN THE RIGHT DIRECTION!!:confused:

I would point you to a real-estate agent or the local newspaper to help in finding a new place to live once your lease is over...
 

tapcap

Junior Member
The initial lease is over however the owner would like for us to stay for the year that we too need untl our daughter graduates in May. If we do move, the owner would likely have to foreclose. I cannot understand why an HOA would prefer to have a property in foreclosure rather than cared for by concientious tenants.
 

tapcap

Junior Member
In addition, there are several houses on the market that are not moving, including one owned by a board member who has since taken it off the market.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top