Legal Question in Landlord & Tenant Law in California

Can a landlord who has 2yr lease with a tenant with 8 months remaining on lease give tenant 90 day notice to vacate if the property is being sold to a purchaser who is buying the home VA loan and intends to occupy the property? is there any recourse on the seller if the tenant does not move out due to the lease by the new buyer or tenant due to lease. is there any way out of the lease agreement if property is sold short sale?


Asked on 12/04/11, 6:04 pm

1 Answer from Attorneys

The landlord has no right to terminate a lease just because he wants to sell the property. If the buyer goes through with the sale, the buyer takes subject to the lease. The buyer has no right to occupy until the lease is up. The buyer has no recourse unless the seller does not disclose the property is leased and somehow manages to conceal that he does not live there (highly unlikely unless the tenant cooperates in the fraud, which tenant would have no reason to do since it could invalidate his lease). If the seller and/or the buyer tries to interfere with the tenancy before it is up, the tenant can sue one or both of them for interference with the implied covenant of quiet enjoyment that the law imposes on every lease. Short sale or break-even, or for profit doesn't matter. The law is the same for all sales, even foreclosures, except in foreclosures the tenant gets 90-days minimum, even on a month-to-month or even if the lease is up sooner, as long as the tenant continues to pay rent and comply with the lease.

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Answered on 12/04/11, 11:16 pm


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