Posted on November 15, 2011.
Can I break my lease if my Miami condo owner does not pay the monthly fee of associationa HOA is in arrears for four months now and therefore I do not have access to common areas of the building, like the swimming pool, gym, etc. ..
If your lease states that it pays then yes. You must go to court, just as it would if you broke the lease, but you should be able to obtain a court order releasing you from the contract.
Read the lease. It specifies who pays what. If it is in the lease to pay the costs, then you can try to go to the HOA and show them that you're not responsible, what will prevent them from YOU stimulus payment, but can not get Access your back. As a sub-lease, you are obliged to follow the house rules of the HOA as the owner of the condo is. You do not have special treatment because you sublet the condo. If it specifies that it must pay fees and do not, then it may be a reason to break the lease because you do not receive access and payment of taxes would have access, so in that respect, it is not up to his end of the transaction and the common area access as specified in the lease. YMMV ... Time for a consultation with a lawyer versed in real estate law to ensure that you are the interpretation of lease clauses correctly and see if your case to break the lease has merit.
If your lease specifically gives you access to these areas then your landlord breached the lease conditions. Read your lease. You may have to continue it and give him the opportunity to cure the default before attempting to terminate the lease.
realtor.sailor
Probably. READ lease carefully, get legal advice.
Talk to LL and to see directly pay HOA deduction from your rent. Consider pursuing it, the court may order.