Legal Question in Real Estate Law in California
Lease/ Option to previous owner
I have purchased a property and put a tenant (previous owner) on a lease with an option to buy. Lease Option was recorded. In the contract it clearly states, that if tenant buyers misses payments for 90 days an Option will go away. Well, it's going to be 90 days in October. My dilema is, because Lease Option is recorded, according to Title company we would need to get cancellation from the tenant, to get a clear title. Since the tenant (former owner) is not expected to cooperate, what is the best way of removing Lease Option from Title.
2 Answers from Attorneys
Re: Lease/ Option to previous owner
You will need to file a quiet title action in the court.
Re: Lease/ Option to previous owner
A quiet title action would probably have to be filed if the tenant fails comply with any term of the option. If the tenant does not pay rent, an eviction action can be filed even though the tenant has a right to purchase the property. We would need to review the entire lease option and any other paperwork to help you. We handle cases throughout California and can discuss your situation by phone after reviewing any faxes to us.
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