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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I do! I have a rental that I want to sell. My lease with my

Customer Question

I do! I have a rental that I want to sell. My lease with my current renter is up 3/1/18. I want to sell it prior to that. Can I sell it to someone else who wants to keep it as an investment property, and that person will honor my tenants current lease? Or can I pay them to get out prior to their lease being up>
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: WA State
JA: Has any paperwork been filed?
Customer: Like listing paperwork?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I don't think so.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and my goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

You can deal with this in one of two ways.

1. You can negotiate with the present tenant to leave shortly before the close of escrow on the sale, or

2. You can find a buyer who is willing to assume the lease on your behalf with the sale. This could be a buyer that wants the place for a rental investment, or someone who is willing to wait until next March to take possession but will collect rent in the meantime.

What you do not want to do is to sell to the buyer without their agreeing to assume the lease, or if you have not bought the lease out from the tenant, because if you do neither of those things, then the new owner will be able to evict the tenant and the tenant will in turn sue you for illegal eviction and Breach of Contract, and that would be very expensive for you.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Expert:  LawTalk replied 2 months ago.

Good afternoon,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug