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

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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

Answers:

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

Answered 10 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.


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