Recourse, if mgt. co. doesn’t follow emailed instruction?
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Recourse, if mgt. co. doesn’t follow emailed instruction?
I sent mgt. co. an email, clearly stating I wanted only a month to month lease
for any new tenants, as I wanted to sell my house w/i the year. Instead, mgt. co.
rented my house to new tenants for one year. I am an out-of-town landlord. Do I
have any recourse other than suing the mgt. co.?
Asked on April 15, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, your only recourse would be to sue the management company for an losses or costs (e.g. carrying costs, for having to hold onto a property for longer) this costs you. The tenant signed a lease in good faith with someone who had at least the "apparent authority" (to an outsider person, would reasonably seem to have authority, as property manager); in that situation, the law will not invaidate or void the lease, so you are obligated to the lease for its duration.
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