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  1. #1
    Join Date
    May 2008
    Posts
    1

    Question Breaking A Lease Amid Possible Foreclosure

    My question involves landlord-tenant law in the State of: California, Riverside County


    Last month I received a notice on my door informing me, the tenant, that the house I currently occupy would be sold May 21st at auction. The sale has since been postponed to June 21st. My question relates to the lease agreement: I signed a year lease with the homeowner that took effect October 1st.

    With all of what's happening now I want to leave and rent another property that I know is in good financial standing. I work out of my home and all of this uncertainty of what will happen to this house has been very stressful. Since finding this new place, I'm wondering if I can just pick up and leave.

    The landlord never informed me of the foreclosure proceedings nor has she provided me with any written proof that she was in good financial standing with her loan provider at the time of my signing of the lease.

    I am wondering if I leave whether she can sue me for breach of contract since I would essentially be leaving the lease early.

    Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Breaking A Lease Amid Possible Foreclosure

    Generally speaking, you're on the hook for the lease until the property is sold. After that, you have 30 days to leave - the lease is void upon sale of the property.

    Since the sale is in just a few weeks, I would personally submit a 30 day notice of intent to vacate, pay June's rent, then pack it up and leave. She won't have any standing to sue (unless she magically comes up with enough money to buy the house back at the sheriff's sale) because she will no longer own the property.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breaking A Lease Amid Possible Foreclosure

    You can also wait until after the sale, to see if the buyer (probably the bank) will offer you "cash for keys" to move out while leaving the premises in good condition.

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