Legal Question in Landlord & Tenant Law in California

My landlord is in default on his mortgage. He wants to sell the property as a short sale. He is already living in a new home he bought in AZ. I have a 3 year lease (he wanted a tenant for a longer lease) and have been here for 8 months. Now he wants me to show the house to potential buyers and to also vacate as soon as I can. He has friends who wish to live here on a month-to-month and will pay him $200 more a month. Do I have to show the property? Do I have to vacate as long as I pay my rent on time?...can he break my lease? Can't I just stay here until the school year ends or when the house goes into foreclosure?


Asked on 12/23/09, 2:31 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

You have a three year lease. You owe your LL nothing except rent until he sells the place. Your lease will be no good to the new buyer, so stay there as long as you can, do not perform any services for the LL and pay your rent timely. Make sure to have an "estoppel certificate" filed with the escrow, if you can, once an escrow is opened.

You may also have recourse against your LL for defaulting on the lease, but the terms of the lease govern this aspect of your relationship. Read your lease carefully, or better yet hire an attorney to review it. Good luck.

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Answered on 12/28/09, 2:41 pm


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