Legal Question in Landlord & Tenant Law in California

Landlord won't honor lease

I signed a 1 year lease for an apt that promised that the 12th month would be free as long as our payment history is in good standing. About half way through the lease, the owners sold the building to another company. Now I am in the 12th month of the lease and the new owner refuses to honor our initial agreemnet of the free month because he claims the old owners never gave him that part of the contract. The old owners claimed that they provided all of the documentation they had but the new owners claimed they never got the part about the free month. Now the new owners are trying to force us to pay for the 12th month, what should I do? Right now, I'm just afraid that he could go after my credit rating by going to a collection agency if we refuse to pay, is that something he can do?


Asked on 8/04/06, 12:43 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord won't honor lease

Have an attorney write the new owner a letter, including the new lease, and being strong about the ramifications of his not accepting the lease as-is (including a defamation claim if it appears on the credit report). It's his claim against the old landlord, not against you. He is the successor to the established lease. Often, the new landlord will make the old owner get estoppel certificates which spells out the terms of the tenancy. Obviously, someone forgot to do that.

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Answered on 8/04/06, 12:48 am


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