Must a tenant continue to pay rent if their rental is put up for sale?

UPDATED: Nov 4, 2010

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Must a tenant continue to pay rent if their rental is put up for sale?

Our landlords put our house up for sale telling us that they’re doing it for their “loan modification” to trick the banks. We want to know if we still have to pay rent if the house is up for sale regardless if they are telling the truth about the modification or actually selling the house.

Asked on November 4, 2010 under Real Estate Law, California


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

Answered 12 years ago | Contributor

As long as your landlord is the legal owner of the property, you must continue to pay your rent.  This is true even if your landlord stops paying the mortgage on the property.  At such time as your landlord sells or is foreclosed on and title passes, you can stop paying them (but you will then need to start paying the new owner). Not paying your rent (either to your existing or new landlord) is grounds for eviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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