Is a landlord’s hands tied with regard to changing a lease if the property is in the process of being sold?

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Is a landlord’s hands tied with regard to changing a lease if the property is in the process of being sold?

My girlfriend wants to break her lease. She asked her landlord and at first he said that he would help her find someone to take it over. Now he’s saying that he can’t because the property is in the process of being sold, or in his words

Asked on April 3, 2018 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they very well could be since the contract was entered in to with set terms in mind.  By that I mean it was likely sold subject to your girlfriend's specific lease and the terms can not be changed unilaterally - by one person alone.  If she wants out perhaps the new landlord will allow her to leave without finding a replacement.  Make sure she gets a termination agreement signed.  Good luck.


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