I answered an ad for a rental in April for a three bedroom house. I made contact with the owner, he explained the property situation to me. He divorced, rented the house and no longer made mortgage payments for over a year. His previous tenant wanted to buy the house and the owner agreed to sell it on a short sale, but at the last minute the owner backed out and refused to complete the short sale.
After that the previous tenant bought another house, now the owner rented the house to me with the stipulation that it may go into foreclosure and I would have to move out, I agreed.
I have been in the house for three months, last month I asked the owner to give me a lease thinking that with this lease the bank would give me a little more time to move or buy. He agreed and gave me a two year lease.
Here is the problem: now the owner informed me that he and his wife want to reconcile and want to keep the house, said the bank is going to redo their loan, but that he needs to show that he is still in the residence, which he is not.
Now he has asked me to move by September and has put one of the utilities back on his name, his bank wants utility receipts showing that he lives here.
I have totally settled into this house and have even prepaired to buy the house when the bank takes it over.
He has been collecting rent for almost two years and never made a mortgage payment. I believe that the mortgage holder is completely clueless (bank of america) of his dealings.
What are my recourses? This has got to be one for the books!

... He agreed and gave me a two year lease.
...
Now he has asked me to move by September ...
What are my recourses?

Tell him "sorry", but you don't want to move out. You have a lease and have not breached it.

If the bank still forecloses, go through with your plans and lease or buy it from the bank.

You have a two year lease, he has no right ( or ability) to get you to move out. He has to honor the terms of the lease.
In fact you don't have to let him put any utility in his name, unless lease allows it.

You could offer to sell him the lease for a sum of money if he wants to buy the lease from you

Tell him "sorry", but you don't want to move out. You have a lease and have not breached it.

If the bank still forecloses, go through with your plans and lease or buy it from the bank.


Thanks a lot AK! I see that you are in Florida... does your advise applies to California?

Thanks a lot AK! I see that you are in Florida...does your advise applies to California?

I am licensed to practice law in Alaska. I am not licensed in Florida or California. As with all advice given on this forum, what we say is not to be construed as "legal advice" as you would get from an attorney licensed to practice in your particular jurisdiction. Rather, it is one person's opinion.

That said, what I have told you comes from principles which are generally applicable with respect to leases in the United States. I know of no peculiarity in California law which would affect the answer.

You have a two year lease, he has no right ( or ability) to get you to move out. He has to honor the terms of the lease.
In fact you don't have to let him put any utility in his name, unless lease allows it.

You could offer to sell him the lease for a sum of money if he wants to buy the lease from you

Hello Chuck,
Thank you very much for your input. The lease does not specify anything about changing or not NOT changing utilities names. Am I okay to ask him to give that up? Can you give me an idea of how much a lease is worth?