Can my old lease agreement be terminated by the new owners because of non-payment to the old owners?

The property I have been renting a condo and recently it went through a short sale. Escrow closes next week. I didn’t pay rent for this month because of the short sale. Legallly, do I have to pay this rent?

Asked on August 26, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your obligation under the lease for the condominium you are in is with the former owner of the property who sold it to a new owner in a short sale. If your lease's term has more than a month remaining, the new owner of the property is obligated to allow you to remain in the unit you are renting so long as you are current with the rent with him or her until the lease's term is up.

If you owe rent for a period of time when the old owner was on title to the condominium, the new owner cannot terminate your lease because of this. The new owner can only terminate your lease for failure to pay rent when the new owner has title to the rental and not before.

Good luck.


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