My question is if you have a lease with someone and they sell the house can the new owner kick you out and

Alicha
Other/Just Looking
Las Cruces, NM

break the lease?

Answers (3)
Greg D
Agent
Las Cruces, NM

As has already been said, your lease agreement is still valid no matter who the owner is.
However, remember that your lease agreement has a fixed term (usually 1 year), after which they can choose to discontinue the lease. Has your lease agreement expired? If it has, then it's probably switched over to month-to-month, in which case either of you can terminate the lease agreement at any time by notifying the other in writing.

Thu Feb 12 2009, 13:03
Torrey Lewis
Agent
Chicago, IL

Alicha,

This is an instance where you are going to want to read your lease very carefully. In the case of most residential leases, the answer is no; the lease will "survive" the sale. There are some leases that have provisions for this type of situation, though.

I have seen a few instances where leases are automatically terminated upon the sale of the building. More often, there is a clause in a lease that states that the owner can terminate the lease on 60-90 days notice for any reason. If the new owner is looking to do work on the building, occupy your apartment, etc., they may plan to have you vacate the space.

In any case, this is a good time for you to sit down and read your lease carefully to find out what types of situations you may find yourself in. In addition, this would also be a good time to do a quick consultation with a local real estate attorney. If you have the contact information for the new buyer, it also not a bad idea to call them and introduce yourself and try to make a good first impression.

On the off chance that you do not have a current, signed lease, your rights to the apartment are severely limited. In general, your occupancy of the unit and timely paid rent will give you about 30 days of rights to the space. When it comes time for your next installment of rent, though, the owner would probably be able to terminate your tenancy.

I hope this helps! Good luck!

Mon Jun 9 2008, 08:37
Tracy and Tego...
Agent
Albuquerque, NM
FIRST ANSWER

The answer no. The new owner has to honor the Lease.

Mon Jun 9 2008, 08:20

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 19
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback