Legal Question in Real Estate Law in California

I am a tenant in California who has a lease with a property management company. The actual owner of the unit is not indicated anywhere on the lease, nor was his identity ever disclosed to me, nor have I had any direct contact with him. I have only dealt with the property management company with regard to all aspects of the rental unit. Recently, I received a Notice to Quit directly from the actual owner. The property management company is not referenced on the notice. I was able to verify that the person is actually the owner only by checking property records online. Records indicate that This person was not the owner when I moved in back in 2015 but received the property by intrafamily transfer in 2021. When I asked the property management company about the notice to quit, they indicated they had not seen it and asked me for a copy, which I haven’t yet provided. My question: is the Notice to Quit valid since my lease is with the property management company and not the actual (new) owner?


Asked on 4/16/22, 7:59 am

1 Answer from Attorneys

The Notice to Quit may be invalid for a number of reasons, but not the one you are asking about. A contract with an agent is a contract with the principle. The principle may have to prove they were acting through the agent to enforce the contract, or the agent may have to disclose that they are an agent to enforce the contract in court, but the legally binding agreement made by the agent is actually an agreement with the owner. I would send the notice to the property manager. You may find they are on your side since their compensation is based on your tenancy.

Also, one issue that I spot though you didn't mention it, is whether the lease is binding on the new owner. Unless your lease was recorded, the lease is only binding on the new owner if they knew or should have known you were a legal tenant. "Should have known" covers almost all situations, especially when it's a family transfer, but if the owner is being sleazy they may try to claim they took title without notice.

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Answered on 4/17/22, 4:25 pm


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