Legal Question in Landlord & Tenant Law in California

Landlord Terminates 2-Year Lease Because of Hardships

I have a two year lease. Can a Landlord/home owner terminate my rental agreement because they are going through hardships and can no longer hold on to their rental property? My Landlord is asking me to move after nine months of living in my new home. I always pay my rent on time. Also, I gave up a rental where I live for eight years and the current landlord knows this.


Asked on 2/24/08, 11:31 am

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord Terminates 2-Year Lease Because of Hardships

It depends! You are missing one key word: "foreclosure".

If landlord cannot hold on to the rental property, you'll have to talk to new owner. If landlord is entering foreclosure, you can stay, and be a tenant of the new owner....at least temporarily.

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Answered on 2/24/08, 1:40 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord Terminates 2-Year Lease Because of Hardships

I agree with what Mr. Bennett says. Perhaps you can approach the landlord and offer to take over the loan and become a homeowner, or get a loan of your own and buy the home. After all, prices are falling dramatically.

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Answered on 2/24/08, 2:56 pm
Lew Wiener Law Office of Lewis R Wiener

Re: Landlord Terminates 2-Year Lease Because of Hardships

If you are not in breach of the lease, generally it can only be terminated if the property is foreclosed on or if the the owner goes through bankruptcy. Otherwise the new owner must honor the lease.

You can negotiate with the current owner (if he still owns the property) or the new owner to leave early on whatever terms you can both agree on.

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Answered on 2/24/08, 4:27 pm


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