If a rental property is soldn does the lease with the tenant become void?

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If a rental property is soldn does the lease with the tenant become void?

Asked on March 5, 2012 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, ordinarily the lease remains valid and enforceable. The new property owner takes the property subject to the lease and steps into the shoes of the old landlord--the  new owner becomes the landlord, under the terms of the lease.

It would be possible to have a lease which specifically stated that it would be terminated by the sale of the property, but this term would have to be in the lease at the outset, so that in executing the lease, the tenants would be accepting/agreeing to that term, too.


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