Chicago, IL asked in Contracts and Real Estate Law for Tennessee

Q: HOA - CCRs “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant”

We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant as shown in this Declaration.”

Does this allow to do a long-term tent?

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1 Lawyer Answer
Mr. James Charles Wright
Mr. James Charles Wright
  • Knoxville, TN
  • Licensed in Tennessee

A: You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.

Generally, this provision would exclude commercial use- including short term rentals. A long-term lease rental is would generally be thought of as a residential use. BUT -

you should have speak to a lawyer in regard to this to confirm.

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