Can a landlord sell the house even if my lease isnt up yet

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Can a landlord sell the house even if my lease isnt up yet

Landlord of 6 years is selli g his house, our
lease was for a year September 2nd through
October 31st after the first initial year the
contract renews itself but only at 6 months
periods and we are still in the middle of one
of the six months we still have 3 months left
can he sell his house and kick us out on
short notice we heard from the property
manager about a week ago say they’re selling
the house and they’re putting it on the
market in July and then our contract will go
to a month-to-month lease it seems like I’m
getting the short end of the stick

Asked on June 30, 2017 under Real Estate Law, Alabama

Answers:

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

Answered 6 years ago | Contributor

A lease does not prevent a landlord from selling their property. However, they must sell it "subject to" their tenant's lease, which must be honored by the new owner/landlord. Further, any deposit money due you should be paid by the new landlord, as it should have been transferred to them by your old landlord at the closing.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, the landlord can sell his house even though your lease for it is not up: you lease in no way prevents him from selling his property. However what he sells is a house with a lease and tenants, since he can only sell what himself has--and that's a house with a lease and tenants. The buyer purchases the house subject to the lease; the lease remains in effect for however long remains on it, and for the time, the buyer must honor it. So sellling the house does not change your lease terms, and does *not* enable the seller or buyer to evict you until the lease expires or you give them good cause for eviction (e.g. fail to pay rent). However, the buyer does not  need to renew your lease, and if you stay past its expiration, can look to evict you.


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