If the original owner of my rental has passed and his daughter is now the owner, is my lease with original owner still binding?

Asked on October 16, 2018 under Real Estate Law, Texas


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

Answered 2 years ago | Contributor

A lease is a legal contract. In it, you and your landlord agreed that you'll rent the premises for a specific amount of time and for a set amount of money. While you may want to check your state's law, in most jurisdictions the lease runs with the land. This means that no one can kick a tenant out before the expiration of the lease so long as the tenant abides by its terms. Bottom line, any heir or buyer must honor your lease for the entire term or else buy you out if you choose.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes: the lease stays in effect because the daughter inherited the building and rights that the original owner had to pass on to her, which is a building with a tenant subject to a certain lease. The daughter cannot inherit a lease-free building, since that's not what her father had. The daughter may refuse to renew the lease when it comes up, or want changes to it or more rent, but that's for the future; for now, as long as the lease has not expired, it remains in effect.

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