Legal Question in Landlord & Tenant Law in California

We signed an 18 month lease 4 months ago on a house in Indian Wells. The owner had listed the house for sale before we signed, but didn't inform us of her intention to sell. I am expecting a child in January and the last thing I want to do is move again in the middle of my pregnancy. The landlord has now sold the house and is expecting us to move. We have found another house to lease, but I feel she should owe some compensation for inconvenience, stress and moving expenses. What should I ask for and is there a law providing for compensation in situation like this?


Asked on 9/04/09, 4:12 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

If you signed an 18 month lease, your former landlord cannot force you to move. If the property has been sold to a new owner, the new owner "steps into the shoes" of the prior owner and is bound by the terms of the existing lease. Kirk Corp. v. First American Title Co. (1990) 220 Cal.App.3d 785, 809; Chapman v. Great Western Gympsum Co. (1932) 216 Cal. 420, 427. If you have not yet signed a new lease for a new house, you can tell the old landlord he doesn't have the right to make you move.

You should probably take a copy of your lease to a real estate attorney in your area and discuss your options before you do anything else.

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Answered on 9/04/09, 4:33 pm


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