If my landlord is tried to sell my apartment in a short sell and I was told to move out but the buyer cancelled the sell, do I have to stay?

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If my landlord is tried to sell my apartment in a short sell and I was told to move out but the buyer cancelled the sell, do I have to stay?

My landlord called me on the 3rd and told me that the bank approved the short sell and the closing date was the 28th. He asked me to move out by the 22nd so that he could move his furniture out of the condo during that week. I found a new place to mov, and was planning on signing a lease on the 15th (today). The landlord called this morning and said that the buyer decided not to buy the condo. The landlord is re-listing the condo and told me that I cannot move. Do I have a right to move out and end the lease since he previously told me that I had to move out? All communication was verbal.

Asked on June 15, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The problem here is that the communication was verbal.  If the lease is still in effect with out any separate writing as to your claim then you could have a problem. You will have to prove the modification (told to move, etc.) and generally courts do not give support to verbal communcations.  Is it possible for you to get any information as to the approved short sale to prove your case? Otherwise, consult with a local attorney about getting out of the lease before you sign that new one.  Good luck.  


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