Legal Question in Real Estate Law in California
Can a landlord do a quick sale of a house that has an one year lease agreement that is signed by both parties?
2 Answers from Attorneys
Not sure what you mean by a "quick sale," but generally a landlord is totally free to sell a rented property, but as long as the buyer has notice that the landlord is not who is living in the property, they are on notice that they will take the property subject to any rental agreement or lease. The selling landlord must also either return any deposit, or transfer it to the new owner. If the seller returns the deposit, the tenants will then be obligated to make arrangments for a new deposit with the new owner.
Not sure what you mean by "quick sale" - perhaps sale by quitclaim deed? Or maybe on short notice?
Landlords sell leased property all the time. That's how famous buildings like the Empire State Building or the Sears Tower can get new owners. Can you imagine the turmoil if an owner had to kick out all the tenants, and/or wait for all the leases to expire, before selling? All that happens when a leased property is sold is that the tenant gets a new landlord.
Rarely, a lease is written containing a specific provision that if the property is sold, that will terminate the lease, or someting of this kind. This is permissible language, but rare.
There are some statutory provisions for how the tenant's security deposit is handled. Either the seller gives it back to the tenant and then the tenant must give the new owner the amount of security specified in the lease; or the seller gives it to the buyer and so notifies the tenant. Either way, the tenant's deposit is (supposedly) protected.