Legal Question in Real Estate Law in California

leasing apartemnts

if i signed a 1 year lease for my

apartment and half way through the

year they changed management

companies and didnt give us any

type of notice is that legal? I just

figure since the name of the

management company was in every

single page of our original contract

they should of rewritten the contract

with the new management company

the min it happened...


Asked on 4/02/07, 10:50 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: leasing apartemnts

The general rule is that a party to a contract (other than a contract for personal services) can assign its rights and delegate its duties, but the other party must receive notice in order to establish the assignee's rights. The notice can be given by either the assignor or the assignee.

So, I don't know what you mean for sure when you say "didn't give us any type of notice." How do you know the management company was changed unless you received notice? Notice of an assignment can come in many forms, including a rent bill from the new management company, or word of mouth from neighbor to neighbor.

Sure, it's bad business practice not to give a clear-cut message from the old management company that it is bowing out - but that doesn't mean the new management company can't enforce the lease against you after you receive word of the change.

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Answered on 4/03/07, 10:28 am
Judith Deming Deming & Associates

Re: leasing apartemnts

Why should they give you notice? A management company is simply the agent of the owner and the owner can get a new agent if they want--your contract is with the owner. A change in management does not affect your lease.

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Answered on 4/03/07, 4:32 pm


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