Are my new landlords required to honor my lease?

July 14, 2005 7:18 AM

I just found out the building I live in is in the process of being sold. Are the new owners legally bound to the lease I signed when I moved in? What kind of protection is there for current tenants in this situation? Any advice from others who have been in this situation would be appreciated.
posted by a22lamia to Home & Garden (12 answers total)

I lived in a building that was sold and the new owners did indeed maintain our current leases. They also planned to make the place into condos, but gave us all one year (after leases ended) to either buy or move out. They gave any elderly or disabled folks two years to do the same.
From all of the paper work I got, it looked like they were legally made to give us such a timeframe. I live in Massachusetts, so perhaps it's a Mass state law.

Of course, they did plow ahead with renovations and I'd often find them in my apt when I got home from work, having emptied out my closets to do electrical work. I moved pretty quickly.

I'd check your state laws around renter's rights.
posted by jdl at 7:52 AM on July 14, 2005

Where are you located, a22lamia?
posted by winston at 7:56 AM on July 14, 2005

When someone purchases property that is being leased, the purchaser is subject to that lease. That is to say, simply, that you can't be thrown out of your apartment by the new landlord. If it were otherwise, a ruthless landlord that wanted you out on the street could "sell" his building to a third party straw-man and have them kick you out.

That being said, the specifics surrounding this issue vary from state to state. Also note that if the new landlord wants to get rid of you very badly, they might play extra-hardball with you on everything, so if your one day late with the rent, you could be in trouble, etc...
posted by thewittyname at 8:02 AM on July 14, 2005

Response by poster: I'm in Massachusetts
posted by a22lamia at 8:04 AM on July 14, 2005

a22: What does your lease say?
posted by mischief at 9:00 AM on July 14, 2005

In Texas, the new owners of a building with residential tenants must honor the existing leases, unless the property was acquired through foreclosure. In that case, the tenants are supposed to receive a 30 day notice to vacate.

Laws vary in each state, so there might be local tenant's organization that could provide guidance.
posted by megancita at 9:45 AM on July 14, 2005

We were just in this situation. Our landlord's realtor told us that the lease went with the house and that we were welcome to stay unitl the end of the lease. We took the oportunity to get out though - it got us off the September lease cycle and we didn't want to deal with all the open houses and renovations that were soon to come.
posted by soplerfo at 9:57 AM on July 14, 2005

Oh, also, This was not specifically stated in our lease, and we are in Massachusetts - I assumed when the realtor told us this that it was a MA state law.
posted by soplerfo at 9:58 AM on July 14, 2005

When I was in college, one of the houses in which my friends and I lived was sold mid-lease. We got screwed because everything that was wrong with the house before we moved in, we got charged for because the new owner didn't know about the existing water leaks/holes in wall/garbage in basement/etc.
posted by superkim at 10:34 AM on July 14, 2005

Response by poster: Mischief, my lease doesn't specify anything about what happens if/when the property is sold. I've tried googling a bit for MA specific laws but haven't had any luck.
Thank you for all of the responses (especially to soplerfo and jdl for the MA specific examples) I'm feeling a bit better about my future at my residence.
posted by a22lamia at 10:46 AM on July 14, 2005

You may find more specific answers on one of the pages listed here: Massachusetts Law About Landlord and Tenant.
posted by jewishbuddha at 11:07 AM on July 14, 2005

At least in Illinois, you can require that tenants vacate the property as a condition of sale. I bought last year and that was one of the requirements of our sales contract.

Perhaps, though, if the buyer does not require the tenants to move, then the lease remains in effect after the property changes hands, as thewittyname says.

I'd read over your lease and state law to see if you can be compelled to move due to sale and if the landlord must compensate you if they terminate your lease early.
posted by Sully6 at 11:36 AM on July 14, 2005