Q: Is my lease void if landlord's mortgage forbids leasing?
My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been renting for 9 months, and we're planning to move out by April 1st, ahead of her requested May 12th deadline. Given that her mortgage prohibited leasing, is our lease now void, and are any other terms, including her demands, enforceable?
A: It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received something in exchange for your money.
Robert Grant Pennell agrees with this answer
A: I see no legal basis for the lease to be void. The landlord’s apparent breach of the mortgage terms should have no bearing on your lease obligations.
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