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Landlord wants to breech rental lease after 3 months of us moving in, what can i do??

Palm Desert, CA |

i signed a lease contract 3 months ago for 2 years, now the landlord says he wants to sell the house. What can i do?? i just moved in. also he rented us the house furnished, so we got rid of our furniture... need help please!

Attorney Answers 2

Posted

You need to have an attorney review the lease the you signed to see if it has any provisions regarding what happens in the event of a sale of the property. Most likely, the new owner must honor your lease. In other words, the house can still be sold but you would just pay rent to the new owner. If this is not consistent with the landlord's position, then you probably have a fight on your hands, which is why it would be prudent to have an attorney review your options now.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Asker

Posted

Hi, landlord decided to just pass my lease to new owner... but i haven't sign anything any new lease under new owners name, am i obligated to continue with this lease, can i just let it go and move if i decide to?? owner said he was passing the lease on the escrow....

David M Blain

David M Blain

Posted

No, you are still obligated by the terms of the lease you signed with the former owner. A sale generally does not disturb the lease, but foreclosure sales may have a different rule.

Wallace E Francis

Wallace E Francis

Posted

Attorney Blain is correct. The new landlord "stands in the shoes" of the old landlord and takes the property subject to the lease.

Posted

No, leases usually survive the sale of the property and the new owner must honor the lease entered into by the prior owner.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.

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Asker

Posted

But the furniture it's from the past landlord, they want to draw a new lease. I know the new owner it's obligated to honor the new lease, but am I obligated to sign s new lease? Can I choose to sign or not the new lease agreement? Let's consider that I sold all my furniture for a 2 1/2 lease furnished, I'll just prefer to anull this lease, and have the past owner grab his furniture and leave, the new owner take possession of his house and me find me a place less complicsted.

David M Blain

David M Blain

Posted

I would first look to your actual lease agreement to determine whether there is a clause or term contained within the document that controls what happens in the event of the sale of the property. If the lease is silent as to this issue, then you are under no obligation to renegotiate a new lease or to sign a new lease with the new landlord. You will be bound by the original lease unless you come to an agreement with the interested parties (old LL b/c of his furniture; new LL b/c of possession; and you b/c you want to leave) and this new agreement rescinds the lease and dictates what will happen to the furniture and possession of the house. Sunlight is the best disinfectant. I'd recommend a conference call with the old and new property owners, explain that you would prefer to walk away, that the new owner can have possession and the old owner can take his furniture. Good luck.

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