Legal Question in Landlord & Tenant Law in California
Can I break a lease legally? I recently found out through the Ventura County Recorder's Office that the landlord is in a default status. He has not paid his mortgage since June, 2010. I have contacted the management company who is leasing the property for him. The owner of the management company said he will not get involved. What would you do in this situation? Any assistance regarding this matter would be appreciated.
Thank you.
Joanne
2 Answers from Attorneys
Since you are living in the premise you still owe rent to someone. Even thoguh he is going through the default process he still is the owner of the building until the foreclosure sale actually takes place. Can you move out not giving 30 days notice without worrying about his going after you? Probably. Will you get your security deposit back. Doubtful without a law suit.
If you were my tenant, you would be wise not to follow Mr. Shers advice. As long as he owns the property your landlord is entitled to hold you to your lease. If he sells the property, it doesn't matter whether it is voluntary or involuntary by foreclosure, the new owner is entitled to hold you to your lease. What happens between the owner and their bank has nothing to do with your obligation to abide by the lease. If the property is foreclosed, you will simply have a new landlord. Until then, pay your current landlord.
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