PLEASE HELP!!! I am a tenant in a condo, and my lease expires May 31st, the property management company sent

Asked by Jennifer, Chula Vista, CA Mon Apr 14, 2008

me notice that I need to vacate the property then, as it is being short sale. I began looking for rentals immediately as they are in demand. I found one that I agreed to take by May 1st. Now the property management company states that I have to fullfill my contract even though it is not being rented again due to short sale! Can they do this??? Please help me!

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Diane Wheatl…, Agent, Upland, CA
Mon Apr 14, 2008
Have you contacted the Property Management Company to verify the terms of the lease contract you have signed? You should have the right to remain in your current condo until the term of your lease agreement expires or the management company must release you from your lease in writing for you to approve. What date did the management company state you must vacate your unit? You take that date and compare it to your lease termination date to see if they are different dates. It's nearly May already. They should understand and work with you under the circumstances. But it will depend upon the written terms of your lease and the rights of the landlord to evict under due process. Sounds a bit fishy to me so check your facts just to be sure where you stand. When in doubt, refer to the written word. Good luck.!
1 vote
Chris, Home Buyer, oc
Mon Apr 14, 2008
I am not an expert in RE Law, but from my similar experience:

If your lease is to May 31, then neither you nor they can change it without prior agreement. They cannot force you out earlier, and you cannot leave earlier without paying.

They probably sent you a notice that they would not renew your lease. But you could most likely stay on at the same terms month-to-month until they began to evict you. To avoid this inconvenience to them, their letter told you to leave at the end of the lease.

I once stayed in a house for four months after the bank unexpectedly (to me) took the property from my landlord. Each time I got a strong-arm letter from the bank, I would call to find out what was happening with the property and tell them my search for a new place. One banker said it was good to have someone living there, but they were worried that they would eventually have to evict me. His job was to avoid such complications, not to collect a few months extra rent.

You just might have been able to do the same, if you had found the right person to talk to. When the sale process begins, the real estate agent or whoever is selling the property would want you out of the way. In my case this did not happen very quickly - I was lucky.
1 vote
CJ Brasiel, Agent, San Jose, CA
Mon Apr 14, 2008

You state the property management sent you a notice to vacate and now they want you to pay the last month's rent? Did the notice have a "vacate by" date? This sounds like a strong arm tactic. I can't tell from your post on how many months of rent the property management company wants. Either way, it would seem to me that if they sent a "termination of lease" notice the legal contract ends there.

If you have a deposit with them, they will probably try to keep it. My understanding is the lease still holds true for a short sale and simply transfers to the new owner. That is not necessarily true if the home goes to actual foreclosure.

Here are a couple of sites that might be able to offer advice:

Good luck.
Web Reference:
1 vote
Leanne Smith, , 95247
Mon Apr 14, 2008
gosh, that is a tough one, I would consult with a real estate attorney. It seems like they wouldn't be able to but that's just me!
good luck!
agent -Leanne Smith
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