Legal Question in Landlord & Tenant Law in California
Lease up in Oct, House sold to another couple
Sir/Ma'am,
My husband and I recently found out that the townhouse we are renting has been sold. Our landlord has not notified us about when we should move out. However, co-workers have mentioned that if the house is sold while we are renting then the lease is null and void. I have researched this and haven't found an answer. Is this correct? I have called the legal office on base and they think that our lease is now void. Thank you for your help.
1 Answer from Attorneys
Re: Lease up in Oct, House sold to another couple
Your friends are wrong. The new owner takes the townhouse subject to the rental agreement. In effect, the new owner steps into the old landlord's shoes. Here are some cases you can research: Kirk Corp. v. First American Title Co. (1990) 220 Cal.App.3d 785, 809, 270 Cal.Rptr. 24, 38; Kong v. City of Hawaiian Gardens Redevelop. Agency (Kong I) (2002) 101 Cal.App.4th 1317, 1328, 125 Cal.Rptr.2d 1, 9.
This does not guarantee that your rental agreement will be renewed when it expires in October, however.
If your old landlord holds your security deposit, he/she should either return it to you, or notify you in writing that it has been transferred to the new owner. Otherwise, it remains the old landlord's personal obligation to repay you.
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