What to do if a Reciever of a property served me 30 day notice of termination before end of my lease?
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What to do if a Reciever of a property served me 30 day notice of termination before end of my lease?
I was the acting on site manager of an apartment complex. My lease states that, “In lieu of rent, Tenant shall act as on site Property Manager of the premises through the end of he Original Term”. Recently the bank got a court order and a reciever has taken over managment of the property. Originally I was told that nothing would change. However, I later recieved an email 2 days before the first informing me that rent would be due and a week later received a 30 day notice of termination of tenancy”. The lease does does not expire for another 9 months.
Asked on April 7, 2012 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to inform the receiver you have a legally enforceable tenancy that indicates that a) you do not pay rent and b) your leasehold does not end for another 9 months. Indicate that you will treat this termination of tenancy as a breach of your contract (an anticipatory breach) which entitles you to significant monetary damages. You need to serve this on the receiver and the court appointed clerk immediately and by registered mail most likely. Contact your local landlord tenant consumer protection agency (which should be either your state attorney general or HUD) and inquire about the legal protections you have. At most, you should either be able to stay for the remainder of the leasehold or the receiver must pay for you to move and provide monetary damages to you. Put the ball in the receiver's court to indicate what statutory authority allows it to end the tenancy so early.
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