Legal Question in Landlord & Tenant Law in California

lease signed, our checks cashed, owner died on day of move in. now son says no move in he wants to sell property can he do this


Asked on 1/17/12, 3:27 pm

4 Answers from Attorneys

No.

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Answered on 1/17/12, 4:04 pm
George Shers Law Offices of Georges H. Shers

The contract was made when the owner accepted your check and the owner's estate, which is not the owner of the property until it is distributed, is bound by the contract, as is whomever inherits the property. Once the son becomes the owner, which will require a probate to have the title of ownership changed, he can sell the property but it is subject to your lease.

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Answered on 1/17/12, 9:45 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Your lease is in full force and effect. However, make sure to record your lease with the recorder's office so that if the property is sold, the new owner doesn't claim to be a bona fide purchaser.

Also, if you are not given access to enter the property, you should file a lawsuit for specific performance.

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Answered on 1/18/12, 8:56 am


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