Grounds to terminate remainder of lease?

Asked over 1 year ago - San Diego, CA

My landlord has put the rental home that I occupy on the market. If a sale occurs, is there grounds for me to terminate the lease based on the sale?

Additional information

There is an Assignment clause that prevents resident from sublet, but no mention of Owner's assignment. There is also a No Waiver clause.

Attorney answers (3)

  1. Robin Mashal

    Contributor Level 19


    Lawyers agree

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    A sale of the property would not per se provide a reason for either side to terminate the lease. The new owner would take the property subject to any existing leases. Also, your lease likely contains and "attornment clause" in which you agreed to accept a new owner as your landlord in place of the existing owner. Be sure to consult your own attorney to protect your legal rights.

  2. Thomas Anthony Schaeffer

    Contributor Level 14


    Lawyer agrees

    Answered . Maybe, maybe not. Check your lease agreement, if there is a mutual no assignment clause then you might have grounds to rescind or even hold the LL in breach. This is a contract between you and your LL and he may be trying to sell his rights to your contract with the property. If it does sell, and the contract allows for assignments, then the new LL will assume the contract and its duties and obligations.

    Hope that helped!

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more
  3. Sean Patrick Lewis

    Contributor Level 17


    Lawyer agrees

    Answered . Typically, leases are not affected by the sale of the underlying property. thus, the new owner has to keep you as a tenant, and your agreement continues as well.

    Of course, you can always talk nicely with the new owner and ask them to terminate. Perhaps they will do so.

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