Legal Question in Landlord & Tenant Law in California

Just Moved In, Owner is Selling

I just moved into a townhouse owned by a couple in February of 2003. We moved in with a signed lease that was due to expire in February 2004 On May 24, 2003 we were informed the owner wanted to sell the property and would be wanted to know if they could show the property every Sat & Sun from 12 to 4pm, not knowing what a burden it would be we said it would be okay. Now knowing what an inconvenience it is do we have any rights or compesation for giving up our weekends and either spending it with strangers or having to hide from them? Also if the property sells before our lease is up what happens? Looking at the lease there is no information on if the owners were to sell what would happen. There is also nothing in the lease that allows them to move us out prior to exparation of the lease unless we default.


Asked on 6/16/03, 11:16 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Just Moved In, Owner is Selling

The owner is entitled to show the property to prospective buyers, either personally or thtough his agent, during normal business hours with 24 hour notice. What normal business hours is up for discussion, but you could claim that it is Monday through Fridat, 9 am to 5 or 6 pm. Tell the landlord that, if he wants you to allow showing on the weekend, he needs to compensate you for the trouble (reduced rent, etc.). Under no circumstances would I allow "Open House" on the weekends.

The next issue is that you are not required to move unless your lease specifically states that the lease is terminated on the sale of the property. If that is not the case, then you cannot be forced to move until the lease is over. Many landlords are not aware of that, and that wording is rarely in a lease.

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Answered on 6/16/03, 12:25 pm


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