Legal Question in Bankruptcy in California

owner files bk and cancel my 1 yr lease

I moved into a house jan 12 2007 and signed a 1 yr lease with owner and real estate agent for owner.

Now here it is april 2007 and never late for rent, keeping the property in excellent condition. I recieved a call from the real estate agent saying that the owner is filing bankrupt and i have to move out of the house.

I recieved a notice that confused me as is states that i have 60 to 90 days to move but the notice is a 30 day notice.

I looked up the owner of the property to try and get in touch with him and found out that he is not the owner, but the husband of the owner and never been on title. His wife is the owner and bought the property as her sole and separate property in dec 2006...........

I need to know if they have the right to kick me out after signing a 1 yr lease agreement with them..........I do not want to move . The thought make me tired and the overhead cost of moving makes this whole thing unfair. I am more curious as well as to why i am writng checks to her husband and she is the owner of the property that i rent.

What steps should i take and how can i retain an attorney for this case asap.


Asked on 4/29/07, 5:02 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: owner files bk and cancel my 1 yr lease

Which person is filing bankruptcy? The guy who's not on title, or his wife? In any case, you can hold them to the lease, and the lease will be your defense. You should consult with a landlord/tenant lawyer in your area. Bring the lease and your research.

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Answered on 4/29/07, 5:45 pm


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