Help with HOA and landlord

[dl99436]

I just moved into a townhouse a couple of days ago (renting). My girlfriend has an in-home daycare, caring for 6 children. Our landlord was somewhat skeptical at first, but agreed to the daycare. Two days after moving in we received a phone call from the landlord stating there had been a complaint from the HOA. Apparently no businesses are allowed by the HOA in our neighborhood. We were ordered to shut the daycare down, which we of course cannot due to the needed income. What are our choices? Move again, and pay all the extra fees associated with moving? Can we continue living here and running the daycare? There was no mention of a HOA before we moved in or was mention of one in our lease. Our landlord also said that it was ok to have the daycare. If we continue living here would our landlord be the party that would accrue the fines from the HOA? We really don't want to move but we feel it's the best thing to do, however, we want compensated for the moving fees, time off work, and also get the 1st month rent and security deposit back. Any help?

 

[seniorjudge]

If the HOA says no businesses, then you cannot have a business.

 

[dl99436]

Ok, I understand I have to do what they say even if it means moving. Can I hold the landlord liable for any moving costs, etc...? The daycare was approved by the landlord and by the township only to find out after moving that she cannot continue the business. We were not aware of a HOA for our neighborhood until this issue arose. Now if we have to move we will be breaking the lease since we've only been here a couple of days and will lose our entire security deposit. We cannot afford to stay here though if the daycare is forced to shut down.