Can a landlord break a rental lease upon sale of the house?
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Can a landlord break a rental lease upon sale of the house?
We signed a rental lease and paid a deposit 2 months ago to take a place starting in 2 days. We were just informed today that they sold the property and are now saying that we cannot move into the place. We had signed the lease confirming rental of the location through about 6 months ago then moving month-to-month.
Can we enforce the signed lease?
Asked on December 19, 2018 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you can enforce the signed lease: the house is sold subject to the lease, and selling a house is not grounds to terminate or void the lease. The landlord can only sell what he/she has--i.e. he/she cannot provide more rights than he or she has, and what he/she has is a house with a tenant, where the landlord's rights are subject to the terms of a lease (and to landlord/tenant law). You do not have to move, and the buyer has to honor the lease.
However, once the lease becomes month to month, whomever owns the home at that time can give you a month's notice terminating the tenancy and requiring you to go.
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