Legal Question in Real Estate Law in California

Break Lease to Sell Rental Property

Can a property owner break the lease and evict the tenants in order to sell the property? What recourse would the tenants have? Does the property owner have to wait until the lease agreement is completed?


Asked on 3/01/00, 8:25 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Break Lease to Sell Rental Property

Generally a lease cannot be broken to sell a home. However the language in the lease agreement regulates what can be done, so read it carefully. Tell the tenants that you are selling the house and that you want them to leave. Give them some incentive, such as last month free rent as an inducement. Otherwise the purchasers acquire the home subject to the terms of the lease.

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Answered on 3/15/00, 10:23 am
Ken Koury Kenneth P. Koury, Esq.

Re: Break Lease to Sell Rental Property

You cannot break a lease to sell property. You can sell the property and the buyer must honor the lease.

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Answered on 3/14/00, 11:54 pm


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