Legal Question in Landlord & Tenant Law in California

I have a gas station in Georgia. I own Biz only. Landlord got foreclosed. Bank is now the owner. (new)

I have a lease with the Previous Landlord. Is it still valid automatically or

Does the Bank (new owner) have a right to honor the lease or reject the lease?


Asked on 5/05/10, 2:04 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

In California, as it should be in Georgia, the lender takes the property subject to all reasonable encumbrances, including a valid lease. The bank, by having someone see the property before foreclosure occured, must have known that the property was leased out. It would be best for you to contact them directly to be sure they will not attempt to breach the lease agreement. Also, that they make clear to any future buyer that the property is subject to your lease. Yopu also have to be sure that any initial security deposit you might have made has been transferred to the lender and will be transferred to whomever buys from them [it is their responsibility to have made sure that had already happened]. You also need to endure that the monthly rent payments have and wil go to the right owner.

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Answered on 5/10/10, 3:15 pm

You cannot rely on a California lawyer's advice regarding the priority of leases over encumbrances on real property. Mr. Shers is even wrong on California law, in that inspecting the premises before foreclosure puts the lender on notice of anything relevant. Your lease only takes precidence over the loan under California law, if your lease was entered into before the foreclosed loan, AND you EITHER recorded a memorandum of lease, OR the lender had actual knowledge of the lease. Of course who knows what Georgia law is on the subject. Title priority is one of the more state-specific legal areas. So you must contact a Georgia lawyer.

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Answered on 5/10/10, 5:15 pm


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