California  |  Real Estate Law

Legal Question

Asked on: 1/10/12, 3:28 pm

Me and my husband signed a 1 year lease on a home with our first landlords..they ended up getting a divorce and gave the home back to the original owner, but no new contract was done with the new landlords. We are moving out early...can they penalize us?

2 Answers


Answered on: 1/10/12, 3:38 pm by David Gibbs

The answer is "it depends." You need to have an attorney review the lease as well as the chain of title to the home. A foreclosure terminates the lease by operation of law. Conversely, a voluntary transfer of the home probably doe not terminate the lease, meaning that you still have the balance of a one-year lease with the new owner. It really is impossible to give a reliable opinion as to what your rights may or may not be without reviewing the actual documents involved. Contact a local real estate attorney to have s/he review the lease and chain of title. Alternatively, negotiate with the new owner for an early termination - but be sure to get a full release from the terms of the lease in writing.

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Answered on: 1/13/12, 8:21 am by Anthony Roach

Your written lease was not only binding on your landlord, but his or her successor in interest. Thus, if the original landlord sold the property, the new owner became your landlord, subject to the lease. This alone does not give you the right to break the lease, without suffering some legal consequences, such as damages. In other words, the new landlord is governed by the same law and the lease agreement as the original landlord, and so are you.


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