Legal Question in Real Estate Law in California

If a landlord sells the property can he evict you?


Asked on 3/19/12, 4:42 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

If the property has already been sold, then your former landlord is no longer your landlord - the new owner of the property is the landlord. So long as the landlord still owns the property, they can evict you if you haven't paid rent with a three (3) day notice, or they can terminate your tenancy if you are a month-to-month tenant. If you have a lease, they cannot simply terminate your lease because they are selling the property. If you have a lease with a remaining term, the current and future owner must honor the lease. The exception to all of this, however, is where the property is sold at foreclosure. There are an entirely different set of rules for evictions after foreclosure. It is hard to answer your question with so few facts - if you want more information, provide more details about what is happening, and how the landlord is trying to evict you.

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Answered on 3/19/12, 4:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This question comes up fairly frequently in one context or another. The answer is basically that "change of landlord" is not a breach of the lease nor otherwise any reason for the eviction of a tenant who is otherwise not subject to eviction. A change of landlord does not invalidate leases written by the previous landlord. So, the answer is generally "NO."

It may be, of course, that the new landlord may be less tolerant of breaches of the lease or rental agreement than the old landlord, and may decide to act upon some pre-existing ground for eviction. However, you cannot be evicted just because the property is changing hands.

There are two relatively minor exceptions to the foregoing. First, if your lease or rental agreement specifically says something like, "This lease may be terminated upon landlord's sale of the property," then that provision would prevail. The other is if the change of landlords occurs because of a foreclosure. In that case, leases that are junior in time to the foreclosed deed of trust would be wiped out, and any future tenancy would depend upon cutting a deal with the buyer at the foreclosure sale.

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Answered on 3/19/12, 5:41 pm
Terry A. Nelson Nelson & Lawless

Yes, anytime, so long as eviction is done in accordance with your lease or rental agreement or the law if there is no lease or agreement.

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Answered on 3/19/12, 5:45 pm


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