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Bran the Man | Can my landlord's wife break my lease? |
I am currently residing in a home on a 4-year-lease ending in 2010. The lease is in writing and on a contract.
My landlord and his wife own the home we are renting but have recently decided to get a divorce. The landlord's wife is hellbent on getting this house (which i'm leasing) out of the marriage. My question is this: Is there anything she can possibly do? I understand that the house is community property, but we have a written agreement between myself and her husband.
Can she take this to court and break my lease or will she have to wait til 2010? |
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gafpromise
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Even the husband cannot unilaterally break the lease, although he may attempt to buy you out of it and you have the option to accept such an offer. If ownership were to transfer to the wife after a divorce, she still cannot unilaterally terminate the lease. You have rights and they don't evaporate. Check your lease to see if it discusses anything about sale or "transfer of ownership", to see what would happen. However, it sounds like things could get contentious, you may decide that moving will be the easiest thing to do. |
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chatsplas
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Well. . . .being community property might cause a little complication. . . .BUT generally, a lease is valid and binding, and if husband had legal right to enter the lease, your lease is valid. Wife might get the title to house and the right to the rent proceeds, but not the right to possession during the lease term. Generally a lease remains valid even when title to property changes, and the lease is assigned to new owner, along with security deposit. So if she becomes your LL, you need to make sure that you fulfill the lease, pay your rent in full and on time, and all other obligations you have in lease, so that she can't claim you have breached lease. Unless lease has clause permitting it, she cannot force you out before end of lease unless you are breaching lease, and even then, it requires court action.
Are you sure you're in a community property state? |
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Melissa F
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I believe whoever the legal owner is after the divorce will be in control of the place. Most lease's include a transfer clause in case the property is sold while the lease is still in effect. Besides it does not matter who signed the lease, they can be acting as the agent for the owners |
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Mr Placid
 |
Not sure exactly how that will turn out.
But, one thing that will be beneficial for you is recording that lease. A lease can be recorded in your county recorder's office just like any other document that evidences an interest in property, e.g. deed, mortgage, easement, etc. By recording the lease, potential buyers will be put on notice that there is an enforceable lease, and will be required to honor it. You will thus be protected if this couple tries to sell the house behind your back.
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Classy Granny
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If she wins and gets the house as part of the divorce settlement, she can give you 30 days notice even if you have a lease. |
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GWB
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This is a tough one and pretend lawyers should not give you false hope.
An order from the court will override your lease.
Plus and just maybe she might offer you $ to move.
Then, if she is really wanting you out, can make your life pure hell.
So, in that case you both may be able to agree on terms to allow you to move.
I am not a lawyer and do not pretend to be. |
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MM C
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Your lease is a legal document even the new owner has to continue and enforce the lease until the end of term. If she really want you out, she might have to do in a legal way with some kind of compensation. Read the lease to see if it has stated anything about selling of the property. Sometimes the lease may state that the term end as soon as its title transferred to a new owner.
Talk to an attorney to see what's your right as a tenant under your State law. |
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Gertie
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It's a legally binding document I don't see how she can force you to move even through the courts as long as you keep up with your rent payments etc.
If she really wants you out of the house tell her to buy out your lease for a price since you will have to pay to move all your belongings. |
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Landlord
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Yes, you can get you out if she wants to live in it, renovate it, or sell it.
Her rights are equal to her husbands, your lease is essentially with both of them. |
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Debra G
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Unfortunately, if she gets the house in the divorce, your lease will be transferred to the new owner...the wife. She can then give you notice that you have to move. The notice she would have to give you varies by state. With a 4 year lease, it may be a longer notice. |
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