Expert: Sue Bernstein - 7/29/2005

Question
Hello I hope you can help me. My husband and I have been dealing with a local realtor for sometime he assisted in the sale of our previous home and in purchasing our present home. Becoming quite friendly he suggested we buy some rental properties he had listed. We purchased a perticular property that had 2 homes & a business. He provided us with the leases for the properies that were occupied he witnessed the signatures of the tenants. The problem is the business tenant signed a residental lease, now because he was asked to leave 6 months later due to nonpayment of rent he has sued us. He of course says we did not fix things we agreed to fix we did and have receipts he claims not enough was done. The magistrate ruled that the lease we used only favored the landlord and therefore was not legal. We go to trial soon over this. Can you tell me if the realtor is liable in anyway? Or because a residental lease was signed and it is illegal then doesn't that make a case that no lease existed and therefore nothing is binding? Thanks for your time on my behalf

Answer
Debbie,

This is a question you probably should refer to an attorney on this site.  In California, if there is no lease it is then considered a month to month tenancy.  An attorney can advise you whether your realtor would be considered liable. You might want to also make sure that the attorney is knowledgeable with evictions.  I just had to evict a tenant of mine for non-payment of rents and used the services of an attorney so that everything would be done properly and quickly.  I don't think anyone, courts included, expect you to allow tenants to remain for free.

Good luck and I hope this helps.

Sue Bernstein