Legal Question in Real Estate Law in California

bought store in 2005 with lease (lease stated can't be assigned but landlord said fine - no problem you can take over lease). The lease had a right to renew 2005 for 5 years and 2010 for 5 years. 2007 building was sold (and change in tenants/lease explained to new owner the sitaution sent a letter introducing himself. Never brought up the lease. continued to pay rent. shortly after new owner bought building he started condo conversion to the 3 units in the building. 2010 asked for the second 5 year renewal (to 2015) but landlord said no - we were not on lease - we could buy the unit for $ 300,000. or get out/evicted by 1/31/11


Asked on 1/03/11, 9:50 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I am a little confused by what appears to be an incorrect usage of some words [you did not buy the store, perhaps bought the business being run in the store]. If I understand the situation, you were renting from someone who was the master renter as to the buidling but did not own it. That person gave you the opportunity to buy him out and take over the lease. But you never did in fact do that. I assume the period of time for renewal has passed. Your master tenant has no right to stay in the property so you have no right either.

Check to see if there is any local ordiance governing condo conversions, but since the lease is up you likely will not qualify.

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Answered on 1/09/11, 8:49 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I got a different understanding on my initial reading. Sounds to me as though the original landlord waived the non-assignment provision of the lease in 2005, and a new owner became your landlord in 2007 and is now refusing to honor a five-year renewal provision in the lease on the ground that the assignment was invalid.

A lease may provide, however, that its transfer is absolutely prohibited (Civil Code section 1995.230), or that the landlord's acceptance of rent does not constitute a waiver of a lesser restriction on assignment.

In my opinion, barring either of these provisions, the new landlord cannot now fail to honor the lease, and every provision thereof, on the ground that you are not a lawful assignee.

Clearly, your right to be and remain a tenant, and to insist upon you right to another five-year lease renewal, depends upon whether the lease contains such provisions. If both provisions are present, you are probably out of luck. Have an attorney review the lease for you and advise whether there has been a waiver by the original landlord.

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Answered on 1/09/11, 5:11 pm


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