What are our rights if our landlord has just informed us that they will be selling the house and we have to move out ASAP?

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What are our rights if our landlord has just informed us that they will be selling the house and we have to move out ASAP?

We signed a year lease 4 months ago. There is nothing on the lease that talks about lease being terminated early or about the property selling.

Asked on June 18, 2015 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The sale of a rental property does not terminate an existing lease (unless the lease specifically proovides otherwise).  Under the law, a buyer purchases such property "subject to" and any lease in effect at the time. This means that the buyer must honor the lease for the balance of the lease term (assuming that the tenant is not in breach). Basically, the new landlord steps into the shoes of the old landlord. 

Note: The security deposit is transferred to the new landlord who then has the obligation of returning it to the tenant the same as if they were the original landlord. 

At this point you should consult with an attorney who specializes in these cases, or at least contact a tenant's rights group, for a further explaination of your rights under applicable state law.


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