Question:

Can I legally terminate my lease on the home I am leasing in California?

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On 12/01/07 my husband and I signed a one year lease with owner Mr Smith through his property management company, which we will refer to as, "XYZ Management."

On 12/15/07 Mr Smith sold his property to Mr Jones (we were not aware of this). Mr Jones continued to use "XYZ Property Management" until 06/01/08. He then hired "ABC Management Company" to manage the property.

I believe the lease transfers with new ownership and protects the tenant so they don't find themselves with rent increases or even out on the street, but can the tenant legally terminate the lease since it is not signed by any of the new parties? My husband and I want to buy a home and would like a legal way out of the lease. Could this be it?

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3 ANSWERS


  1. It goes both ways, the same protection you have from new lease terms, rent increases, when the lease transfers, also applies to the landlord who has the security of a year lease

    Read the lease to see if it has an early termination fee, if not you will have to work something out with the landlord, remember their is a duty to mitigate ones damages


  2. Nope, you signed it for a year, and it sounds like it was legally transferred over to the new owners, so you're stuck with it.

  3. I don't think so.  When leases are transfered through ownership, all the same rules stay in place unless the new owner violates the lease in manner.

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