What happens when a tenant does not sign the transfer notice?

As such, the transfer did not take effect in law; the lease had remained with the original tenant; and therefore the break option had not expired. In this case, the original tenant and the new tenant were group companies, and so the new tenant was able to ensure that the notice was signed by the original tenant.

What happens when landlord does not have title to property?

Until the registration is complete, the tenant does not have a legal title to the property and the transaction will operate in equity alone. On the surface, the parties might be unaware of the distinction, as the tenant will most likely be in occupation and using the property, and the landlord will be collecting rents and service charges.

What happens if a tenant does not register with the landlord?

As noted above, the landlord may have to issue proceedings against the original tenant if the registration has not been completed. This could mean incurring additional time and costs. If the landlord wishes to forfeit the lease, to be on the safe side, he should serve the notice and documents on both the original and the new tenant.

What happens if a landlord fails to comply with an enforcement notice?

The Court has found that a transferor remained liable to comply with an enforcement notice on the property until the transaction to the new tenant was properly registered. Similarly, if a landlord wishes to enforce a breach, he will have to join the original tenant to the proceedings if the original tenant remains the legal owner.

Do you have to say joint tenant on a deed?

Language A deed must state a joint tenancy in most cases. For example, placing the words “as joint tenants” after the names of the new owners on a deed will create a legal joint tenancy. If two or more people take title on a deed without specifying a joint tenancy, their tenancy is usually presumed as tenants in common by law.

Where is the deed of trust and promissory note?

note shall be secured by a deed of trust to real property commonly known as 357 Oak Ave., Elk Grove, CA 95822, owned by Bob and Betty Borrower, as Joint Tenants, executed on January 13, 2012, at Sacramento, CA, and recorded on in the records of Sacramento County, California.

What happens to the property after a joint tenant dies?

Legally, the surviving joint tenant owns the entire property, automatically, as of the moment of the joint tenant’s death. But the deed (and the property tax statement and the homeowner’s insurance bills) are all still in the names of both joint tenants.

Do you need to notarize a joint tenancy declaration?

It may need to be notarized, in which case it’s called an affidavit; in some states, it only needs to be signed “under penalty of perjury” and is called a declaration. Typically, the statement is about a page long and contains: