• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

House is in escrow and my rental lease will change with the owner. What can I do now?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

juniperberry

Junior Member
What is the name of your state (only U.S. law)? California

I currently rent a large house with an attached studio. I'm the only person on the lease. It's just me and my girlfriend living there now�we had a subletter in the studio but she moved out some months back. This subletter ended up being a huge pain and gave our landlord a lot of hassle.

My landlord is selling the property and it's currently in escrow. From what I know, our current lease is supposed to transfer over in general. But my current lease explicitly allows me to sublet the studio and the real estate agent told me that the new owner plans to remove the clause that allows subletting from the lease, presumably because of our current landlord's issues with our old subletter.

The big issue is I want to sublet the studio to a good friend who I trust completely to not be a pain. But now it seems like I'll have no way to recoup some of the costs of renting?

My question is, what can the new owner do if I sublet to my friend now, while we're technically under the old lease but the place is in escrow? Can she legally force out me or my friend? Can she raise the rent?

The lease is month to month.
 


Zigner

Senior Member, Non-Attorney
The new owner can modify the lease with proper notice. Don't try to sneak this one in, it'll bite you in the butt
 

juniperberry

Junior Member
The new owner can modify the lease with proper notice. Don't try to sneak this one in, it'll bite you in the butt
So if she modifies the lease to disallow subletters, she can basically kick out any existing subletters?

And if I can't continue to pay 100% of the rental cost because I signed the original lease with the express expectation of subletting, am I just out of luck?

I appreciate the feedback... I don't want any bites in the butt but I'd rather not have to move either :(
 

Zigner

Senior Member, Non-Attorney
So if she modifies the lease to disallow subletters, she can basically kick out any existing subletters?

And if I can't continue to pay 100% of the rental cost because I signed the original lease with the express expectation of subletting, am I just out of luck?

I appreciate the feedback... I don't want any bites in the butt but I'd rather not have to move either :(
He can notify you that sublettor are not allowed. Then it's up to YOU to deal with your tenant. You KNOW what's on the horizon.
 

FarmerJ

Senior Member
HUGE question , do you rent month to month or set term ( like a year at a time )? if your on a many month lease the LL cant change anything until the lease is about to renew then can offer you a lease that has changes. if your a month to month renter then the LL only need to give you proper notice of changes. BTW keep in mind that if the new LL tries to exclude something from your use then the new lease must have the exclusions EG LL wants to rent that studio to someone else and that studio gets its utilities off your meter the new lease has to disclose this to you. BTW so you know, no matter what the realtor tells you your lease fully transfers to the new owner and unless the lease grants the LL the ability to change something mid lease they cannot.
 

Zigner

Senior Member, Non-Attorney
HUGE question , do you rent month to month or set term ( like a year at a time )? if your on a many month lease the LL cant change anything until the lease is about to renew then can offer you a lease that has changes. if your a month to month renter then the LL only need to give you proper notice of changes. BTW keep in mind that if the new LL tries to exclude something from your use then the new lease must have the exclusions EG LL wants to rent that studio to someone else and that studio gets its utilities off your meter the new lease has to disclose this to you.
OP stated it's MTM
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top