Legal Question in Real Estate Law in California
Landlord Sold Property During 6 Month Lease
I signed a 6-month lease on 09/21/02. The landlord sold it during the 4th month, and issued me a 30-day notice, 30 days prior to the close of escrow. This caused me to spend $2100 to move out quickly, as the new owner had already sold her house. I moved on 02/05/03 and turned the keys in on 02/16/02, as I needed to haul some things away and clean the house. Is the landlord responsible for reimbursing my moving expenses? Did she actually break our lease by doing this?
1 Answer from Attorneys
Re: Landlord Sold Property During 6 Month Lease
A valid lease of real property is an interest in the property as much as it is a contract with an owner. Unless the lease contains a provision to the effect that it terminates, or can be terminated, upon a sale, the sale of the property has NO EFFECT on the tenant's right of continued possession. Some leases have such termination clauses, but they are not that commonplace.
There may be rare exceptions to the foregoing due to abnormalities in the chain of title or legal matters pending prior to your acquiring your leasehold.
Further, when a landlord sells, she must either refund your security deposit (and then you give a new deposit to the new owner), OR the old landlord must give the deposit to the new landlord and inform you that this has occurred.
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