diff --git a/kernel/futex.c b/kernel/futex.c
index 1009555159e4..6876f9d93acf 100644
--- a/kernel/futex.c
+++ b/kernel/futex.c
@@ -2515,10 +2515,22 @@ retry:
 		}
 
 		/*
-		 * Since we just failed the trylock; there must be an owner.
+		 * The trylock just failed, so either there is an owner or
+		 * there is a higher priority waiter than this one.
 		 */
 		newowner = rt_mutex_owner(&pi_state->pi_mutex);
-		BUG_ON(!newowner);
+		/*
+		 * If the higher priority waiter has not yet taken over the
+		 * rtmutex then newowner is NULL. We can't return here with
+		 * that state because it's inconsistent vs. the user space
+		 * state. So drop the locks and try again. It's a valid
+		 * situation and not any different from the other retry
+		 * conditions.
+		 */
+		if (unlikely(!newowner)) {
+			err = -EAGAIN;
+			goto handle_err;
+		}
 	} else {
 		WARN_ON_ONCE(argowner != current);
 		if (oldowner == current) {