Can a landlord terminate a lease if they are selling the property?
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Can a landlord terminate a lease if they are selling the property?
Asked on July 11, 2011 under Real Estate Law, North Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the lease itself provided that the lease may be terminated in the event of a sale, then that term or condition may be enforced by the landlord. Otherwise, no, the landlord may not terminate a lease if he or she wishes to sell: any prospective buyers would buy the property subject to any existing leases.
The landlord does not need to renew the lease if the term is up, unless the lease states that renewal is automatic; if the lease is a month-to-month lease, then on 30 days notice, the landlord may terminate it.
If the property is foreclosed upon, such as for nonpayment of a mortgage, that's a different matter: foreclosure does terminate leases. However, in the event of sale, as stated above, leases are not terminated.
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