Legal Question in Real Estate Law in California

if you sell your home and it's leased, does the lease remain valid to the new owner ..


Asked on 9/02/11, 7:08 am

3 Answers from Attorneys

If you do things right it is. Technically if the new owner does not know about the lease, they can take ownership without being subject to the lease. But you have a duty to disclose that there are tenant occupants of the property. So ultimately you create a real mess for yourself and everyone else if you are not just up-front about it and disclose everything. If you do that then the new owner must take ownership subject to the lease. As a side note, you must also transfer the deposit to the new owner, and there is paperwork you will want to do to make a record of that. Simplest way is to do it through the escrow.

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Answered on 9/02/11, 10:22 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, when a leased property is sold, the tenants get a new landlord.

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Answered on 9/05/11, 10:59 am
Anthony Roach Law Office of Anthony A. Roach

Yes. The new owner is subject to the lease.

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Answered on 9/14/11, 1:50 pm


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