Legal Question in Landlord & Tenant Law in California

Tenant has 7 Year Lease, Landlord has short sale in process

I have a 7-year lease with Option-to-Purchase (for $290,000) on or before 10/01/2015. My rental payment is $600 per month with $300 to LL and $300 toward my repairs. When I moved into the home (built in 1903) previous vacant for over a year, was not liveable. No heat, leaking roof, unsafe electrical, no running water, lead paint, broken windows etc. Thus far, I have incurred debt of $39,000 (which includes $18,000 to handymen and $21,000 on credit for materials, supplies etc. I managed the repairs myself, thus I did not use a general contractor. The LL and I agreed that I stop paying rent as of Feb 1st and apply the full $600 toward my repairs. NOD of default filed 04/15/09. TODAY, I received a 30-day notice to vacate. Per Realtor, escrow has been opened. A short sale approval has not yet been received from the Lender. Under CA law, do I have any rights? Doesn't the Buyer have to honor my lease? 30-days seems way to short. Your Responds is greatly APPRECIATED.


Asked on 6/29/09, 9:17 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Tenant has 7 Year Lease, Landlord has short sale in process

Did you get your agreement to stop paying rent as of Feb 1st in writing? Look to your lease and any amendments thereto. Keep all the evidence you can regarding all this. You should probably retain an attorney as soon as possible.

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Answered on 6/30/09, 8:20 pm


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