Can landlord sell home if lease has no assignment clause & loss of ownership clause?

[edin]

My lease states that neither party can assign lease without the other party's permission. We also ha ve a loss of ownership clause that says the landlord will owe a penalty to tenant in the event of bankruptcy or foreclosure (equal to rent X months remaining). I just found out that the landlord has had the home listed on the market for the past couple of months, and is trying to short sale. They have an offer, and are awaiting bank approval. Realtor claims new owners want to honor our lease (up in Feb 2010). They are not investors, but they wanted to get a bigger home. I have a feeling that they will not honor the lease. With the no assignment clause and loss of ownership clause, can't I send a notice to current landlord saying they are breaking the lease by short selling home and try to sue them for damages? Also, realtor won't honor 48 hours notice listed in lease because she said law only requires 24 hours. We live in CA.

[bernd]

If the new owners will honor your lease (which they really have to do anyway) you really do not have any damages. As far as the 24 or 48 hour notice goes, if the lease provides for something BETTER than what the state requires it should be enforceable by a court; it would only be if the lease provided for a 12-hour notice that in would then be unenforceable since the state requirement is better. I really think the realtor is dead wrong in this and you would be within your rights under the lease to refuse admittance with anything less than the 48 hours specified in your lease.

Some realtors are not the brightest bulbs in the chandelier.

[kendrix]

If the new owners will honor your lease (which they really have to do anyway) you really do not have any damages. As far as the 24 or 48 hour notice goes, if the lease provides for something BETTER than what the state requires it should be enforceable by a court; it would only be if the lease provided for a 12-hour notice that in would then be unenforceable since the state requirement is better. I really think the realtor is dead wrong in this and you would be within your rights under the lease to refuse admittance with anything less than the 48 hours specified in your lease.

Some realtors are not the brightest bulbs in the chandelier.

Damages for what? You cannot stop someone from selling their own property.I hope you know that already.The new owners will have to honor your lease,I am fairly certain.But you can't sue them for damages or anything else. Stop trying to make a buck off of someone because that is the only thing a renter has on their mind..sue the landlord for some ridiculous reason and make a buck.