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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111666
Experience:  Attorney with over 24 years experience.
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What's the best way to get rid of a tenant who was orally

Customer Question

What's the best way to get rid of a tenant who was orally told about putting the property up for sale when she signed a one year lease in June of this year. The property went into escrow 9/19/15 and now has fallen out because the tenant wanted an outrageous amount of money from us to move out early. The buyer's wanted us to do some pest work and when we did, the tenant would not allow the same person to remove traps he set? Can we initiate an unlawful detainer?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, once you signed that lease, you obligated yourself to allow the tenant to stay for the whole term of the lease. An oral agreement is not legally allowed to change the terms of the written lease under the parol evidence rule. So, you are bound to honor the lease and you cannot remove through an unlawful detainer because they are legally in the premises under a lease. If you had included a written cancellation upon sale clause, then you could have terminated the lease upon your selling, but you did not do that in writing.

So, now you have two legal options, 1) pay them some number you can agree upon for them to leave or 2) sell the property subject to the lease and then the new owner has to deal with the lease and the tenants.

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