Rental home needs to be sold- landlord rights?

[terebeegle]

We live in California.

The rental agreement on our property expired in May 2006 at which time we verbally agreed to allow the tenant to remain until next May 2007. He is a student and so we have made the agreement with his father, the son was to be in the UK for summer school and is currently out of the country and has sublet the month of August to another friend of his (we did give verbal OK to do this). Our written contract stipulates that if they remain beyond May 2006, that it would be a month to month lease.

We now have financial difficulties and need to sell the home, what are our rights and the tenants’ rights?What is the name of your state?

 

[fairisfair]

you made an agreement with him to lease to him until May 2007. What agreement did you make regarding either of the two parties terminating the lease prior to that date??

 

[terebeegle]

I just read the lease and there are no notes regarding a separation or cancellation.

We used a standard Residential Lease agreement (from Staples) and the only thing I can find related to the termination is "Holdover by Lessee" which reads:
should lessee remain in possession of the demised premises with consent of Lessor after natural expiration of this lease a new month to month tenancy shall be created between L & L which shall be subject to all the terms and conditions hereof.

 

[fairisfair]

so, you have contradicted yourself, you have a written month to month lease and have verbally agreed to allow him to stay until 2007, is THAT correct?

 

[terebeegle]

Yes, you are right, there is a contradiction. At the end of the lease (May) the father called and asked if the son could stay another year and we agreed.

So does the verbal supersede the written?

Can we still sell our house and as a condition of the sale may we say that the house is rented until May07?

 

[FarmerJ]

since your willing to admit that you have a new agreement why not get it in writting and then still carry on and sell it. the new owner will still have to abide by the written terms of the lease so put it in writting and sell it anyway.