Legal Question in Landlord & Tenant Law in California
Lease Signed, Now Owner says lease invalid
2/22 Sign 1YR. lease, paid 1st mo.& sec. with Mgmt Co.
2/22 Serve notice-to-vac. to current LL, he WILL enforce it.
2/25 MC calls, says building in escrow, they didn't know, claims lease invalid.
2/25 Owner calls, says didn't know of ''will not rent vacant units'' clause in his proposed sales contract.
2/26 RE broker calls, offers to help me find �some other place� + $100 toward moving expenses.
3/01 Tenancy Period (per lease) begins.
No ''sale of the property terminates this lease'' clause in my contract.
I have no keys (instructed at lease signing to pick up from res. mgr at move-in).
Mgmt Co has not returned my $$$. Nor have I asked 4 it.
1. Does the existing proposed sale contract between the Owner and his prospective buyer truly invalidate the lease contract between myself and the Owner (through his Mgmt Co)?
2. If not, should I attempt to move-in on 3/01? And if they refuse me the keys?
3. If so, considering the damages�
Lose my existing home; being forced to take whatever I can get at the last minute.
Disrupt my home-based business (my only income).
Time ($) wasted dealing with these people.
More time ($) wasted rushing around to find a home.
Extreme mental anguish.
� what�s my recourse?
1 Answer from Attorneys
Re: Lease Signed, Now Owner says lease invalid
According to the contract, you have a valid lease. If you seek to enforce it, it will cost you money to hire an attorney. However, the dispute is between the owner and his buyer, since he failed to inform you, a good faith purchaser for value, that he was contratually bound to keep the units vacant. You should settle with the landlord, but you should ask for substantially more than $100.00.
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