Unless the lease says he cannot, and I have never seen such a residential lease, the landlord may sell his or her or its interest in real property without notice to any tenant. The buyer takes subject to any valid existing leases, as well as all other liens and charges recorded against the property and any obvious issues and defects -- of which a tenancy would normally be one. (The contract of sale will state any specific conditions for rescission, usually in the USA concerning financing, technical inspection and survey.)
We are in the process of buying an apartment that has a tenant in it.
It's rather hard to sell a house without the tenant knowing, since almost nobody is goinng buy a property for full market price without inspecting the inside. And under any normal lease the tenant is entitled to "quiet enjoyment" and has to be given notice (or asked permission) to bring someone to see it (i.e., to unlock and enter).
There is another, less common, transaction when the "landlord" is a tenant itself and there is a remainder interest held by another. (Leaseholds are common I think in Hawaii and in England.) The landlord's right to sell the freehold depends on local land law. In England the leaseholders have to be notified; and under recent legislation they have the right to buy. But this is not what you are asking.
· 1 decade ago