husband signed form,is it legal?

[jenessa]

ok,now i just for something that might hurt us.My husband signed a paper terminating our lease with our current landlord for our new landlord to be.I asked if new landlord has to honor existing lease and thank you for your replies but now im stuck with this.My husband signed that paper Sunday,the day after we foubnd out he sold.He said he was pressured into it(i was at work at time).Can that piece of paper really hold up since infact the new owner doesnt own the propery until june 15(that is his closing date).I dont want this to hurt us im having the new landlord honor our existing lease.Also this could infact make the new owner back out of this deal if he knowing has to honor our lease.Could our current landlord now give us a notice to quit b/c of business matters?thank you again for your help all responces are greatly appreciated

 

[LL]

Better check your own state laws.

Just as an example, in CA, tenant is guilty of unlawful detainer if he holds over after giving a written surrender of the lease (which is like what your husband did) which is accepted in writing by landlord.

I don't think that you will get very far trying to claim that he was "pressured" into it. Also, that he is not yet the owner is not very relevant.

If you want to try, try sending a letter immediatly to the new landlord-to-be, withdrawing whatever promises you made to him, and see what he says. Keep in mind that he may become your landlord some day.

Yes, the new owner may be able to withdraw from the sale if he finds that he has to honor the lease. It may not be free to him, tht is between the buyer and seller. You are not involved.

The usual way of handling such problems in CA is that the buyer buys based on the seller's promise regarding the condition of the title, and the escrow company is usually given responsibility to get a preliminary title report and an estopple certificate from any tenants. The estopple certificate certifies any claim on the title by the tenant (such as a lease), and they cannot claim in the future to the contrary. Thus, during the escrow period, the buyer can investigate any tenant claim to possession, and back out of the deal if it is not what the seller represented.