I currently rent a nice apartment with a location near my work. I have heard the owner is in the process of selling the building to a group of investors. What rights do I have as a tenant? For example, can I be forced to move before my lease is up?
It depends on the language in your lease. Most residential leases allow (by implication) the tenant to remain in the property for the stated term, even if the property is sold. Whoever buys the property is also buying the lease, and must honor its terms as the new landlord. The exception would be if the property were sold through the foreclosure of the previous owner's loan. In almost all of these cases, the new buyer can force the tenant to move immediately. Some leases specifically state that if the property is sold, the new landlord will have the option to force the tenant to move, although usually there is a reasonable notice period involved. If your original lease has expired, or if you never had a written lease, state laws will determine how quickly the current or new landlord can force you to move; typically this period is 60 days
In most leases for commercial property, there is language that gives the tenant the right to remain in the property after it is sold, and the new owner must honor all terms of the lease as the new landlord. In the case of foreclosure, the language in the lease will prevail. This is one of many reasons why the preparation of commercial leases usually requires legal counsel in order to enumerate and protect the rights of both landlord and tenant—particularly to protect a tenant's rights to remain in the property and conduct their business if the property is sold.
Scott Alderman, Broker and President, First Commercial Real Estate, Valdosta, GA
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