How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20393
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
Type Your Landlord-Tenant Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

We're in the process of buying a new home (San Diego, CA)

Customer Question

We're in the process of buying a new home (San Diego, CA) that has tenants whose lease term isn't up until February. We close in 25 days. We plan on using the house as our primary (only) residence. We would like to move in asap. Are we obligated to honor the terms of the lease? We haven't signed anything pertaining to the tenants as of yet
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 2 years ago.


Thank you for the information and your question. As long as the tenant has a written lease that is still in effect and has not materially breached the lease, you would be bound by the terms. In other words, the lease follows the property and the fact that there are new owners doesn't change that. You might consider speaking to the current owners about your desires and ask, or require, that the home be free of the tenant for the sale to go through (may be too late for that but you can speak to your realtor about this). They may be able to offer the tenant "cash for keys." That is essentially like buying them out of their lease early. Or, you can offer to do so once you take legal possession. However, the tenant has no duty to accept the offer.

Please let me know if you need any clarification or have follow up questions.

Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.