Does a lease end when the rental property is sold?
No. A residential lease survives the sale of the property, and the buyer steps into the seller's role as landlord on the same terms until the lease ends. What the buyer can change afterward depends on whether the tenant has a fixed term or a month-to-month arrangement, and on the notice rules of the state where the property sits.
Several statutes spell this out. New York Real Property Law section 223 gives the buyer of leased property "the same remedies" against the tenant that the seller had, and gives the tenant the same remedy against the buyer for a breach of the lease. California Civil Code section 821 says the same from the owner's side: a person who acquires property with rent reserved can enforce the lease just as the seller could. In New Jersey, the Department of Community Affairs tells renters in its Truth in Renting guide that when a new landlord takes over, both sides "must honor the pre-existing rental agreement until it expires."
For a tenant with a one-year lease that runs through next June, closing day changes only where the rent goes. The buyer cannot shorten the term or add rules that conflict with the signed lease, unless the lease itself gives the landlord that power. Buyers who want the unit empty at closing need either a lease that already expires by then or a voluntary agreement with the tenant to leave early.
Month-to-month tenants are in a different spot. The buyer is bound for the current rental period but can end the tenancy by giving the notice state law requires, along with any local eviction rules.
| State | Landlord notice to end a month-to-month tenancy | Statute |
|---|---|---|
| California | 60 days if the tenant has lived there a year or more; 30 days if less than a year | Civil Code 1946.1(b), (c) |
| Florida | At least 30 days before the end of a monthly period | Fla. Stat. 83.57(3) |
| Hawaii | 45 days | HRS 521-71(a) |
| New York | 30, 60, or 90 days, based on how long the tenant has lived there or the lease length | Real Property Law 226-c |
California has a sale shortcut. Civil Code 1946.1(d) allows 30 days' notice instead of 60 when the unit can be sold separately, the owner has a contract with a good-faith buyer and has opened escrow, the buyer is one or more natural persons who intend in good faith to live there for at least a full year, no earlier notice went out under the section, and the notice comes no more than 120 days after escrow opened. Take a condo where the tenant has paid month to month for three years and escrow opens June 2. The 120-day window closes September 30. A notice given July 1 can end the tenancy July 31 instead of August 30. The same section says it does not limit a public entity's power to regulate evictions, so local just-cause rules still apply.
New York's section 226-c applies when a landlord will not renew or offers a renewal with an increase of 5 percent or more. A tenant who has lived in the unit for 18 months gets 60 days' notice. If the landlord gives notice late, the tenancy continues on its existing terms until the full notice period has run.
Showing the unit while it is for sale
Tenants generally must allow reasonable access for buyers, but the notice rules differ. California Civil Code 1954 calls for reasonable written notice, with 24 hours presumed reasonable, and entry during normal business hours. For showings to buyers, the landlord may give notice orally, in person or by phone, if the tenant was told in writing within the past 120 days that the property is for sale. After each entry, the landlord or agent must leave written evidence of it inside the unit.
Florida Statutes 83.53 says a tenant may not unreasonably withhold consent to show the unit to prospective or actual purchasers. The statute's 24-hour notice and 7:30 a.m. to 8:00 p.m. window are written for repairs. For showings, entry is allowed with consent, in an emergency, when the tenant unreasonably refuses, or during an extended absence. Hawaii's HRS 521-53 requires at least two days' notice and entry at reasonable hours. Listing agents should put the state's rule in the showing instructions so a buyer's agent does not knock on short notice.
Before closing, a buyer should collect every lease, amendment, and side agreement, because statutes like New York's section 223 make the buyer answerable on those terms. In Hawaii, HRS 521-43 requires the landlord's written disclosure of owners, managers, and agents to stay current and makes it enforceable against any successor, so a buyer there should send tenants updated names and addresses right after closing. A short letter to each tenant with the new owner's name, where to pay rent, and who handles repairs keeps rent from going to the wrong party.
The deposit moves with the building, too. California Civil Code 1950.5(i) requires the seller to transfer the remaining deposit to the buyer and notify the tenant, or refund it with an accounting. Florida Statutes 83.49(7) requires transfer of deposits and advance rent with an accounting, and New York General Obligations Law 7-105 requires turnover within five days of the deed plus notice to the tenant by registered or certified mail. Our guide to what happens to your security deposit when the rental is sold covers the details.
Sources
- New York Real Property Law section 223
- New York Real Property Law section 226-c
- New York General Obligations Law section 7-105
- California Civil Code section 821
- California Civil Code section 1946.1
- California Civil Code section 1950.5
- California Civil Code section 1954
- Florida Statutes 83.49
- Florida Statutes 83.53
- Florida Statutes 83.57
- Hawaii Revised Statutes 521-71
- Hawaii Revised Statutes 521-21, rent
- Connecticut General Statutes Chapter 830 (47a-4e)
- New Jersey Department of Community Affairs, Truth in Renting guide
Frequently Asked Questions
Can a new owner raise the rent right after buying?
Not during a fixed term. For month-to-month tenants, Hawaii requires 45 consecutive days' written notice of an increase, and Connecticut requires written notice equal to one full rental month before the increase takes effect.
Does a Hawaii sale ever require more than 45 days' notice?
Yes. If the owner plans voluntary demolition, a condominium conversion, or a change to transient vacation rentals, HRS 521-71(c) requires at least 120 days' written notice, and a revised notice restarts the 120-day clock.
Who owes a Florida deposit if the seller never handed it over?
Florida presumes the new owner received the deposit from the previous owner. That presumption can be rebutted and is limited to one month's rent, so tenants with larger deposits should keep their own payment records.
Jill Stradley covers landlord-tenant law, lease agreements, and the fine print that renters and landlords skip until something goes wrong. Her goal is to make state-specific rental law readable for people who aren't lawyers and don't want to become one. She lives in a rental herself and considers that a professional asset.
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