Can owner sell the property if it is on lease

978 votes

Dear sir
As the property owner, your landlord has the right to sell his property whenever he so chooses—but he still has to abide by the lease he signed with you. What this means is even if someone else buys the house tomorrow, you still have the right to live there until your lease is up… unless your lease says otherwise.
Leases are contracts, and the purpose of a contract is to plan ahead for anything that might happen in the future. So drag out your lease and look for anything that talks about what happens if your landlord decides to sell the house. Your lease may have something allowing your landlord to break the lease and make you move out if he decides to sell—but most states require him to give you at least 30 days’ notice first.
If your lease doesn’t have anything saying it terminates if your landlord sells, what happens is that the new owner basically steps in your landlord’s shoes and has to honor the lease until it ends. So you’ll have a new landlord. Awkward, we’re sure, but at least you’re not homeless! They may not be as nice as your present landlord, but they have to abide by the contract until it ends of its own accord.

So after you’ve gone through that lease, maybe call up your landlord? Finding out the house is for sale by seeing an ad in the paper . As long as you still live there, you still have rights under the lease. Just like you agreed to pay rent and not be a nuisance, your landlord basically agreed to leave you alone and let you live in peace. The house being for sale can’t interfere with that and if it does, he’s not upholding his end of the bargain. If you start having random strangers tromping through the yard and peeking through the windows, that could be a major problem.

Even if your landlord sells the house you rent, he can’t make you move out before your lease is up unless he gives you at least 30 days’ notice.

Thanks
Advocate M.Sakthivel

Advocate Sakthivel LawRato

516 votes

If there is a valid agreement duly registered then it becomes the duty of the seller to inform the tenant about this as also to the buyer, or else the buyer cannot take any legal action to evict the tenant until the lease period expires.

Advocate T Kalaiselvan LawRato

877 votes

sir
There is no bar under the law to sell the property which is under tenancy/lease agreement. by way lease or tenancy, the possession of the premises was only given to you. but for transfer of title deed you don't have a say. Further, if any clause exists in the agreement/tenancy which is between you and your original landlord, then it will affect the transfer that too only to the extent of your possession not more than that. during the period of lease/tenancy, original landlord or present one cannot disturb you without following due process of law before appropriate forum.

Advocate N Sudalai Muthu LawRato

162 votes

Im here to clear up the confusion. The lessee does not have the right to sell leased property. If youre wondering what will happen if the leased property gets sold to a new owner, the lease terms will apply.

Advocate Chikirsha Mohanty LawRato