can a landlord sell a house that is being rented without notice to the tenants ?
- Anonymous1 decade agoFavorite Answer
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
I used to sell real estate in Ohio and to my understanding, if the tenant has signed a lease then it is a binding contract. The landlord has to inform the tenants that he or she is selling the house and give that tenant time to move out. Of course, the new buyer can take over as landlord also and the tenants can stay in the house and rent from the new landlord as well. Usually, whatever the situation may be, it is also spelled out in the contract between the seller (landlord) and the buyer, so both parties know what the situation is with the tenants.
- FRAGINAL, JTMLv 71 decade ago
The landlord cannot sell a house being rented without notice to the tenants as provided for in the Rental and Lease Laws. In fact, the tenants are entitled to the right of first refusal wherein the landlord should first offer the sale to the tenants.
- sexy law chickLv 51 decade ago
yes. but there may be a clause in the lease that governs notice to tenants, and/or whether there may be transfers and/or assignments. read the lease.
sometimes under the lease, the landlord does not have a right to assign their rights. but either way, it's their house. they can do whatever they want with their house. so the owner (either one) must give notice to the tenants before he or she evicts them. or if the new owner assumes the landlord responsibities, then it must be made clear if that landlord is assuming responsibilities under the old lease (being assigned those responsibilities), or executing a new lease agreement with the tenant. if the new landlord is assuming the same lease and the previous landlord, then make sure your lease has a clause that the first landlord could assign or transfer their responsibilities like that.
hopefully this wasn't too confusing and all over the place. i'm tired :-/
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- 1 decade ago
Unfortunately in many states, it doesn't required anything other than to tell you to that the house was sold and you have how many days before you have to leave.
To evict you, they have to give some sort of notice. But to sell the house without letting you know... it's been done all the time. Apartment buildings, condos, business buildings... they are sold with new management taking over.
You'll probably get a new landlord, it's up to him/her to decide if he or she wants to continue to rent the house to you.
- 1 decade ago
I am no legal expert but I don't see any reason why not. You would need to give notice to the tenant only if the new buyer wants to change the agreement or wants to move in himself. In my book simply informing the tenant of the sale should do.
- LibrarianLv 41 decade ago
it depends upon the agreement, some time lease agreements have specified time span like 5 years, or 10 years etc, the land lord cannot sell the land before that time, infect he / she cannot take the house or land back before that time span, but if there, is no time span mentioned even then there is usually a notice period of a week or so, the land lord has to inform the occupants of the house a week or so before he actually sells or takes back the land,
but this depends on the local law, you will have to inquire from a lawyer about this.
- Anonymous1 decade ago
the house belongs to the landlord not the tenants he can do what he wants. the new owner might let you live out the lease. it all depends on where you live all states have different rules and laws.
- 1 decade ago
NO!!! usually because there are inspectors comming by and what not. the owners/landlord have to give you notice.. you can go to websites and find/print answeres fro this,i did to get repairs done.i use yahoo/ ask.com,type in landlord/tenete laws and you can go from there.print up what you need and dont get bullied... you can be evected though...a 30 day notice is all that is required.Source(s): tenet/landlord laws fro your state/county.
- I'm_BoredLv 41 decade ago
Check your lease...but generally, yes. The new owners will have to honor the lease though, and you will have to be given proper notice to vacate the property (per the terms of your lease) if that is what the new owners want to do.