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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.