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  1. #1
    stunnedincali is offline Junior Member
    Join Date
    Nov 2007
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    Unhappy Can my landlord break lease to sell?

    What is the name of your state? California

    I signed a one year lease for a house starting August 1st of 2007 and Ending August 1st of 2008. Recently, My landlords asked to meet with me. At the meeting they informed me they needed to sell and that their real estate agent would be over in the next 20 minutes to talk about arangements to show the house. Shocked! As I had every intention of being here at the minimum of the one year lease that I signed, which I never would have signed if I had known there were intentions to sell. As this was totally unexpected all I could say was that I would need 24 hour notice to allow prospective buyers to view the house by appointment only. Although, with my high rent rate I am not neccessarily thrilled that my tenant duties now include aranging my life and schedule around my landlords potential buyers.

    Today I recieved a "thirty day notice to quit" with a note saying that hopefully I have taken seriously their intent to sell and have started to secure future living situations. Can you serve a 30 day notice on your tenant when you are in a year lease?

    Is this possible? I have payed rent in full and early every month so there would be no cause to evict. Isn't the lease binding? I thought the lease was there to protect a renter as well as the landlord? Does my lease stay with the property? And if this is the case what would stop a buyer who intends to live in the house evict me upon taking ownership anyways? What are my options?

    Also, there is nothing in my lease with any mention to selling the property. The only thing I could find that could be applied would be that tenants require 24 hour notice if anyone will need to enter the property for repairs and maintenance.


    Thanks
  2. #2
    johnd is offline Member
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    Jan 2007
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    If you have not breached and if there is no provision for early termination for sale of property...they cannot evict.
  3. #3
    FarmerJ is offline Senior Member
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    Apr 2002
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    you said> Also, there is nothing in my lease with any mention to selling the property. < whats more important is if the lease addresses cancelation or termination with the sale of the property , If the lease says that you may not transfer your interest in the lease to another party but does say the lease is transferable or any other wording that allows the leasor to transfer the lease to another party as in a new owner and the lease is not worded to terminate with sale /transfer of the property. Then sure they can give you notice to vacate BUT to get a court to back them up it cannot be this soon into the lease. Your LL either has listened to bad advice from the realtor OR wants to just bluff you into leaving. After you have carefully reviewed your copy of the lease If you find nothing in the lease that gives them the right to terminate early , they cannot do it that easy. You could counter to the LL sent via certified mail that in order for you to give up the lease you will sign a written agreement stating you will give up the lease if get your deposit funds back and enough money to cover( new utility connection fees , rent application fees, and a moving truck rental fee, and ??? say 500.00 ??? in your hand in a cashiers check or you will hold the LL AND any one they sell the house to the lease. DO self a favor keep a copy of your lease in a safe and secure place away from the rental unit itself. If your current LL wants you out that bad to have a vacant unit for sale they are going to have to offer enough money to pay you to give up the lease or just sell it as a investment unit on the market that can be owner occupied after the lease is over.

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