Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-14-2005, 04:08 PM
Junior Member
 
Join Date: Mar 2005
Posts: 6

Can you sell if you have tenants in a lease?


What is the name of your state? California

Hi. We have renters that have a lease until December/05. Can we legally sell the house before then? I thought I heard somewhere that this is the only way out of a lease contract, but I'm not sure.

Please help with any advise!
  #2  
Old 03-14-2005, 04:49 PM
seniorjudge
Guest
 
Posts: n/a
Q: Can we legally sell the house before then?

A: Certainly; your real estate agent will tell you how to do this.


Q: I thought I heard somewhere that this is the only way out of a lease contract, but I'm not sure.

A: Me neither since I do not understand what this question means.
  #3  
Old 03-14-2005, 07:40 PM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,512
Quote:
I thought I heard somewhere that this is the only way out of a lease contract, but I'm not sure.
Is the house in a rent-controlled city (San Francisco, Berkeley, Glendale, Santa Monica, etc.)?

Thue general rule is that you can sell a house that has renters in it -- but the new owners take subject to the existing lease, so either the new owners have to continue renting to the tenants, or they have to buy out the tenants. Selling the house does not "break the lease."

In addition, certain cities with rent control may have further limitations on the transfer of rental properties, and may restrict the transfer of rental properties to only buyers who are willing to continue to rent the properties. If you have rent control, check with you local rent control board to find out if your city has such restrictions.

Last edited by divgradcurl; 03-14-2005 at 07:43 PM.
  #4  
Old 03-14-2005, 08:11 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
If it is just a standard lease (not leased under subsidized housing), and you are NOT dealing with rent control, you certainly may sell. However, the lease will be unaffected by the sale, and any buyer will need to be willing to buy subject to the terms of the existing lease. Which MAY mean a discount in sales price, IF the rent is well under what the payments at current market value would be, as it certainly cannot be owner occupied until after lease end.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #5  
Old 03-15-2005, 07:28 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
unless someone pays some big bucks**************....
  #6  
Old 03-15-2005, 07:42 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
Yup. Actually, when we sold hubby's place, we "bought out" the tenants to vacate before lease end. And paid their moving costs.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #7  
Old 03-15-2005, 08:03 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by nextwife
Yup. Actually, when we sold hubby's place, we "bought out" the tenants to vacate before lease end. And paid their moving costs.

**A: wow, how nice of you.
  #8  
Old 03-15-2005, 08:05 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by HomeGuru
**A: wow, how nice of you.
Whoa there. Knowing Nexie it was a block of cheese and two tickets to an Ice Fishing tourney
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #9  
Old 03-15-2005, 08:13 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Q: how does a landlord pay for moving costs on a trailer?
A: he fills the gas tank.
  #10  
Old 03-15-2005, 08:20 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
Quote:
Originally Posted by BelizeBreeze
Whoa there. Knowing Nexie it was a block of cheese and two tickets to an Ice Fishing tourney
And boy were those Florida tenants mad when their ice shanty wouldn't stay up on the lake!
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #11  
Old 03-16-2005, 09:23 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
That's cold!
  #12  
Old 03-20-2005, 04:13 PM
Junior Member
 
Join Date: Mar 2005
Posts: 2
Question

Quote:
Originally Posted by moomoo72
What is the name of your state? California

Hi. We have renters that have a lease until December/05. Can we legally sell the house before then? I thought I heard somewhere that this is the only way out of a lease contract, but I'm not sure.

Please help with any advise!
Florida is our state:
Actually I'm in a similar situation, but opposite. My boyfriend and I are the Buyers and the Seller has a Tenant occupying the home we have an offer on. We have been told we would have to honor the lease. Would we be able to make an addendum to the lease?
  #13  
Old 03-20-2005, 05:41 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by adamflorida
Florida is our state:
Actually I'm in a similar situation, but opposite. My boyfriend and I are the Buyers and the Seller has a Tenant occupying the home we have an offer on. We have been told we would have to honor the lease. Would we be able to make an addendum to the lease?
This is a good question and you should start your own thread so we can discuss it.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:02 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.