Legal Question in Landlord & Tenant Law in California

Can I terminate a 1-yr. lease if owner plans to short-sell/foreclose? My roommate and I are 58 days into a 1-yr. lease of a condo in Long Beach, CA. The owner is an HOA board member and told us the building has lease-limit restrictions and he couldn't "officially" lease to us, but assured us that this wouldn't be a problem. Two days ago, the owner informed us that the HOA filed a lawsuit against him a few weeks after we moved in (10/15/09) and wanted us to leave in 30 days. We received word yesterday that they won't force us to move and will allow us to continue to rent. However, the owner said he can no longer afford his mortgage and he will try for a short-sale - otherwise he'll let the property go into foreclosure. He said we'll have to move before our lease is up (thus breaking our lease). He gave us no definite date. We want to start looking for a new place and move ASAP, as he's already been financially unable to make some promised repairs and we don't want to be pressed for time whenever we do have to vacate. Can we end the lease before receiving "official" notification of sale/foreclosure? This is not a rent-controlled area.


Asked on 12/12/09, 5:47 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

By telling you that you will not be allowed to stay the full year, he has breached the lease. By staying there, you may have entered into a month to month tenancy and may have to give him 30 days wrlitten notice of your intent to leave. On the other hand, his says you have to leave at some unknown date could be considered a constructive eviction eliminating your need to give any notice. If you can, it is safer to give the 30 days notice.

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Answered on 12/17/09, 9:46 pm


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