Legal Question in Real Estate Law in California

I'm renting a condo in Orange County, CA. My landlord sent me a text telling me that they're putting the property in the market. Their realtor told us that if we find a place, to jump on it because our landlord will let us out of the lease. We found a place & are moving in Dec. 1st, now our landlord won't let us out of the lease which ends Jan. 31st, they're keeping our security deposit. Can they legally do that since the place is on the market?


Asked on 10/31/15, 10:31 pm

2 Answers from Attorneys

John Laurie Gertz and Laurie

Have you called the realtor who told u this? Its possible that you would have a claim for the money. I would need to know more about what was said, was anything in writing? Were there any witnesses? If you would like feel free to contact me at 818 345-0123

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Answered on 10/31/15, 11:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I think you understand this, but just to be completely clear -- sale of a property does not automatically terminate the tenant leases. The tenants simply get a new landlord. Sure, a lease can be written so that it terminates upon a sale of the property, but that's unusual. Next, the landlord's real estate person seems to have been out of line in trying to hustle you out of the condo; either he/she was acting without authority under a mistaken impression of what the owner/landlord wanted, or the owner/landlord had a change of plans. However, I would also add that you probably made a mistake if you relied on an oral message and didn't get it in writing. As Mr. Laurie says, anything in writing or a credible witness would help your case. I think the first thing I'd try to do is to get together with the landlord and the real estate person at the same time and place and try to negotiate a settlement that is fair and doesn't require a trip to small claims court or possible damage to your checkbook or credit rating.

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Answered on 11/01/15, 3:08 pm


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