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...
2 Answers from Attorneys
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.
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.