Legal Question in Real Estate Law in California
New landlord old lease
I live in an ''in law cottage'' and the landlord lives in the front house. The property was recently sold. My lease does not expire until May 2003. I have not signed a new lease with the new landlord. Will I be able to break the lease without being held responsible for the remaining months rent?
2 Answers from Attorneys
Re: New landlord old lease
No. Neither would the new owner/landlord be able to evict you. It's a two-way commitment. On the other hand, the new owner may have plans for the unit and might be overjoyed to learn that you want to move out.
By the way, the answer should be qualified to read, "No, unless there is a provision in the lease making it terminable by the tenant upon sale." Another exception might arise if the rent were paid in personal services (e.g. nursing care) instead of money.
Re: New landlord old lease
No, unless the lease provides for its termination if the property is sold. Otherwise, the obligations and rights of the landlord and tenant continue through the lease term.
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