We may have an opportunity to get out of our lease not sure if her passing it to her son cancels out our old lease until a new one is signed through her son. We just received a letter from our landlord stating that her son is going to be our new landlord.
The initial inquiry is whether the lease provides for an assignment by the landlord. Absent such a provision, it's a question of Oklahoma landlord-tenant law and unless that law proscribes an assignment by the landlord, the lease would remain binding.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
I am not licensed in Kansas, so this answer will have to be academic/generic by necessity. Please be sure to consult with a good local real estate attorney to be 100% sure my analysis is accurate for your jurisdiction.
No, unless the lease itself provides otherwise (which it probably doesn't) the lease will not be likely "cancelled" with the transfer; the son will become your new LL (and step into the shoes of his mom) until its time for renewal.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
It depends upon the wording in your lease. Usually there is language that indicates the lease is binding upon assignment. If the mother is assigning to the son, and the lease allows an assignment, then the answer to your question is no.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
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