What are a tenant's rights when a landlord sells a property?

A "For Sale" sign in the yard puts many tenants into a panic, and it is one of the most common sources of confusion for everyone involved: the tenant, the seller, and the buyer. Tenants fear that a sale ends the tenancy. In almost every state, it does not: the lease survives the closing, and the buyer inherits it along with the roof and the plumbing. But the transaction creates real obligations on both sides of the deal, too. If you are the owner selling, you carry deposit-transfer and notice duties that expose you to liability if you ignore them. If you are the investor buying, you inherit the lease, the deposit obligation, and any tenant-protection exposure the moment the deed changes hands, whether you knew about them or not. Understanding tenant rights when landlord sells property protects all three parties, whether you are the renter staying put, the seller closing out, or the buyer stepping in.

What happens to the lease when a property is sold?

A valid fixed-term lease binds the new owner. The sale transfers ownership of the building while the tenant keeps the rights in the lease: absent an express provision, a sale does not terminate an existing lease, and the buyer takes possession subject to it. Nolo's sale guidance explains the rule. Pennsylvania writes this into statute: under 68 P.S. § 250.104, a buyer "shall be liable to the same duties and shall have the same rights, powers and remedies in relation to the property as the person from whom title was acquired."

The practical consequence cuts both ways. For the selling landlord, the lease survives closing intact. There is no right to reset rent, shorten the term, or remove a tenant simply because the property is changing hands. For investor buyers, the occupied unit comes with the lease attached: the rent amount, the move-out date, and any concessions already granted are all part of what is being purchased, and the acquisition price should reflect that reality. Before closing, the buyer should request a signed estoppel certificate from each tenant confirming the current monthly rent, the security deposit amount held, and the remaining lease term. Putting those figures in writing protects both sides if a dispute arises later. What changes at closing is narrower than it may seem: who receives rent and who owes the deposit back. Both of those handoffs deserve documentation, covered below.

How tenant rights work by lease type

Protections differ sharply depending on what kind of agreement is in place, so start by identifying which one governs.

Fixed-term leases

A tenant with eight months left on a 12-month lease keeps those eight months, regardless of who owns the building. The new owner inherits the lease through its full term and cannot raise rent, change terms, or end the tenancy early without a lease violation or another legal ground. Florida is typical: the Florida Bar's consumer guide confirms a fixed-term lease cannot be terminated without cause before the term ends, and a new owner must wait it out. Maryland Legal Aid goes further: if the tenant is living at the property, Maryland law treats the purchaser as having notice of the lease, and the purchaser must honor it, even if the seller never mentioned it.

Month-to-month tenancies

Month-to-month tenants have thinner protection. The new owner is bound by the existing agreement but can change terms or end the tenancy with proper written notice. In Missouri, that means notice at least one month before the next rent-paying date under RSMo § 441.060. In Florida, it means 30 days before the end of the monthly period under Fla. Stat. § 83.57(3). A month-to-month tenant facing a sale should assume the new owner can lawfully end the tenancy on the statutory timeline, and plan accordingly.

Lease termination due to sale clauses

Some leases contain a clause allowing the landlord to terminate early if the property sells. Read the lease before assuming anything: this clause is easy to miss and changes the analysis completely. Where such a clause exists, state law still controls the notice, and the exact period depends on jurisdiction.

Enforceability varies. In California, a sale-termination clause is unenforceable for tenancies covered by AB 1482, because sale is not a just-cause ground. Chicago generally refuses to enforce a termination-on-sale clause unless the landlord disclosed it in a separate written notice under RLTO § 5-12-140(g). Washington permits termination to sell a single-family residence, but only prospectively and with at least 90 days' written notice under RCW 59.18.650. The New York Law Journal reports that a New York court went the other way in a January 29, 2026 decision, upholding a lease provision that allowed cancellation on 120 days' notice upon a contract of sale.

Notice requirements to vacate

When state law requires notice, the length depends on your lease type and state. A fixed-term tenant generally gets no notice to vacate mid-lease because the lease cannot be cut short; notice rules matter most for month-to-month tenancies and lease expirations. Here's what each timeline actually means for your situation:

• 30 days: Florida and New Hampshire month-to-month tenants. If you rent month-to-month in Florida, your landlord must give you at least 30 days' written notice before the end of a monthly period, a rule that was raised from 15 days effective July 1, 2023 (Fla. Stat. § 83.57(3)). That means if your rent period ends on the last day of the month, notice must arrive at least 30 days before then. New Hampshire residential tenants get the same 30-day floor under RSA 540:3, II. In both states, count backward from your rent-period end date, not from the day the notice arrives; our guides to Florida tenant rights and New Hampshire tenant rights cover the state specifics.
• One month tied to the rent date: Missouri month-to-month tenants. Missouri requires one full month's notice, but the timing is precise. Under RSMo § 441.060, notice must arrive before the next rent payment is due. If your rent is due on the first, Legal Services of Missouri notes the notice must land by the 31st of the prior month. One day late and the clock resets to the following month. That tight deadline matters most when a new owner wants to terminate your tenancy after a sale: they're bound to your existing agreement but can end it with one month's written notice before your next payment date. Missouri's tenant-rights rules apply this timing strictly, so watch the calendar closely.
• 15 or 30 days: Pennsylvania tenants, depending on lease length. Pennsylvania splits the notice period based on how long your lease runs. Under 68 P.S. § 250.501(b), if your lease is one year or less, or has no fixed term, you're entitled to 15 days' notice. If your lease runs longer than one year, that floor rises to 30 days. One more wrinkle: Section 250.501(e) allows a lease to shorten or waive these periods entirely, so check your lease language before assuming the statutory default applies to you.
• 60 days: Florida year-to-year tenants and Missouri mobile home lot tenants. If you rent year-to-year in Florida, the notice period doubles. Your landlord must give you 60 days' notice before the end of the annual period under Fla. Stat. § 83.57. Missouri applies the same 60 days' notice requirement to mobile home lot tenancies under RSMo § 441.060, a longer window that reflects how much harder it is to move a manufactured home than to pack up an apartment.
• 90 days: Maryland tenants after a sale, and Washington single-family tenants. These are the longest statutory clocks, and they apply in situations where displacement is most disruptive. In Maryland, if you're a month-to-month tenant and the property sells, you're entitled to 90 days' written notice. If the new owner intends to move into the home themselves, you still get at least 90 days. The Maryland AG guide confirms both scenarios. In Washington, if your landlord is terminating your tenancy to sell a single-family residence, state law requires 90 days' advance written notice. In both states, the longer window exists because a sale-driven displacement gives you less control over the timing than a routine non-renewal.

Foreclosure uses a separate federal clock, covered in the eviction section below.

Property showings and landlord access

Tenants must allow reasonable access for showings, but they cannot be forced out of the unit for them, and the landlord cannot show the property whenever they please. Roughly 16 states write a 24-hour advance notice standard into statute, including California, Florida (repairs only under § 83.53), Maryland, Nevada, Ohio, and Oregon. Nolo's entry survey tracks the state-by-state rules. If you're marketing an occupied unit, you may feel that scheduling showings on short notice keeps things flexible, but skipping the 24-hour notice requirement invites quiet-enjoyment claims that can derail your sale. Build the full 24-hour notice into every showing request and confirm it in writing so you have a clear record that you followed the rules.

About 11 states require 48 hours. Roughly 10 states, including Missouri, Pennsylvania, Georgia, Texas, and New York, have no entry statute at all, which leaves access terms to the lease and common law. New Hampshire requires "reasonable notice" without a fixed period.

California adds a sale-specific wrinkle. Civil Code § 1954 permits entry to show prospective purchasers with 24 hours presumed reasonable, and allows oral notice for sale showings if the landlord gave written notice within the prior 120 days that the property is for sale. The statute also states the landlord "may not abuse the right of access or use it to harass the tenant."

Excessive showings run into the covenant of quiet enjoyment, an implied term in every residential lease per Cornell's Legal Information Institute. In Dromy v. Lukovsky (2013), a California appellate court upheld a schedule limiting open houses to two per month during limited afternoon hours, with 10 days' advance email notice. Remedies have teeth: a Massachusetts court in Homesavers Council v. Sanchez awarded a tenant damages plus attorney's fees, and California's § 1940.2 allows punitive damages up to $2,000 per harassment violation.

What happens to your security deposit?

The new owner usually inherits the duty to return the deposit, but each state sets different handoff rules, and a botched handoff is the single most common post-sale dispute. Pennsylvania has one of the clearest handoff rules: under 68 P.S. § 250.511a, the seller must transfer deposits and accrued interest to the buyer within 30 days of conveyance and notify each tenant by certified mail of the transfer amount and the buyer's name and address. Doing both releases the seller from further deposit liability.

Maryland gives the seller a choice under § 8-203(d)(3): deliver the deposit to the buyer with a written accounting, or remain personally liable for it. Either way, § 8-203(d)(4) makes the successor liable to the tenant for any failure to return the deposit with interest. New Hampshire law obligates a selling landlord to turn over all security deposits to the new owner, per 603 Legal Aid. Ohio has no express transfer statute; whoever holds the landlord role when the 30-day return deadline runs typically bears the exposure, which in Ohio includes double damages.

For tenants, the move is to document everything: get written confirmation of the deposit amount before closing, ask which party will hold it afterward, and keep the original receipt. For buyers, insist the deposit transfer at closing with a tenant-by-tenant accounting, because you may inherit liability for money you never received.

Selling landlords carry their own checklist, and skipping it means staying on the hook after the deed is gone. At closing, transfer every deposit and any accrued interest to the buyer and obtain a signed accounting that both parties acknowledge. Where state law imposes additional steps, complete them precisely: Pennsylvania's § 250.511a requires the seller to transfer deposits and notify each tenant by certified mail within 30 days of conveyance, and only then does liability shift off the prior landlord; Maryland's § 8-203(d)(3) requires the selling landlord to deliver the deposit to the buyer with a written accounting, or personal liability survives the sale. Beyond those statutory requirements, ask each tenant to sign an estoppel certificate before closing. An estoppel pins down the deposit figure in writing, signed by the tenant who would otherwise dispute it, and protects the seller just as much as the buyer by locking in the numbers both sides are relying on. Miss any of these steps and a tenant's claim follows the seller, not the new owner.

Rent during escrow deserves the same paper trail. Ownership can change mid-month, and paying the wrong party invites a nonpayment dispute. Get written confirmation of who to pay and where, and do not switch payees on a phone call alone.

Eviction protections when a new owner takes over

A sale, by itself, gives a landlord no eviction ground anywhere in the jurisdictions covered here. A new owner still needs a court judgment. That means valid legal grounds and proper notice. San Francisco's rent ordinance states it plainly: "The mere expiration of a rental agreement or a change in ownership does not constitute 'just cause' for eviction," per SF Administrative Code § 37.9.

Owner-occupancy is the ground most often paired with a sale. In New Jersey, Legal Services of New Jersey explains that a contract purchaser may evict only if they intend to reside in the unit and the property has three or fewer residential units, with a two-calendar-month notice that cannot take effect before the lease ends. Fraudulent claims carry real penalties. In Hale v. Farrakhan (2007), a New Jersey appellate court confirmed that an owner who evicts claiming personal occupancy, then arbitrarily fails to move in for at least six months and re-rents the unit, owes the displaced tenant three times damages plus attorney's fees under N.J.S.A. 2A:18-61.6(a). A tenant who suspects a phony owner move-in should document who occupies the unit afterward.

Foreclosure has its own federal floor. Congress permanently restored the Protecting Tenants at Foreclosure Act in 2018, and 12 U.S.C. § 5220 requires the successor in interest to give any bona fide tenant at least 90 days' notice to vacate. A bona fide tenant whose lease predates the foreclosure notice may stay through the end of the lease term, unless the purchaser will occupy the unit as a primary residence, and even then the full 90 days applies. "Bona fide" means the tenant isn't the mortgagor or the mortgagor's child, spouse, or parent, the lease was arm's-length, and rent is at fair market rate or subsidized. The PTFA applies to foreclosures; a routine arm's-length sale runs on state law and the lease.

Illegal self-help evictions

A new owner who changes the locks or shuts off utilities without a court judgment has committed an illegal self-help eviction, and the tenant can recover damages. The same is true if the owner removes a tenant's belongings without a court judgment. New Jersey shows how expensive that shortcut gets: under N.J.S.A. 2A:39-8, a prevailing tenant recovers all damages proximately caused plus court costs and reasonable attorney's fees, and treble damages when return to possession would be inappropriate. The New Jersey courts require a judgment for possession, a warrant of removal, and execution by a special civil part officer; anything less is an illegal lockout, and under N.J.S.A. 2C:33-11.1 police who discover one must order the landlord to stop.

Cash for keys and lease buyouts

Cash for keys is a voluntary trade: the tenant agrees to leave early in exchange for payment. Neither side is required to accept, and a tenant with a valid fixed-term lease holds real leverage, since the owner's alternative is waiting out the term.

LegalClarity's buyout framework suggests a three-part calculation:

• Hard relocation costs: LegalClarity's mover estimate puts professional movers for a local two-bedroom move at $900–$1,400, and Tenants Together says the minimum should also cover first month's rent and the security deposit at the new unit.
• Rent differential: Measure the gap between current rent and comparable market rent over the remaining term or a multi-year horizon. LegalClarity's example: a tenant paying $1,800 where comparable units rent for $3,200 is giving up a $1,400 monthly gap worth $33,600–$50,400 over two to three years.
• A leverage premium: Add an amount reflecting the strength of the tenant's legal position and the disruption of moving.

In rent-stabilized cities, buyouts routinely range from $10,000 to well over $100,000, per the same source. Where a statutory relocation payment exists, treat it as the floor: San Diego's Housing Commission guide requires buyouts to exceed the mandated relocation amount of two months' rent (three for seniors or disabled tenants).

Put every term in writing, especially when payment is due relative to move-out. The agreement should also resolve the security deposit and include a mutual release. Some cities add procedural protections. Los Angeles buyout agreements carry a 30-day rescission right, and the New York Attorney General requires written buyout offers that disclose the tenant's right to refuse, consult a lawyer, and demand a 180-day halt to buyout contact.

Relocation assistance and right of first refusal

Mandatory relocation pay is highly localized, and sale alone rarely triggers it; the payment attaches to the reason for termination, most often an owner move-in. California's statewide floor under Civil Code § 1946.2(d) is one month's rent (or a written waiver of the final month) for no-fault terminations. Local ordinances go much higher:

• San Francisco (§ 37.9C): The SF rates table lists $8,245 per eligible tenant, capped at $24,733 per unit, plus $5,497 for elderly, disabled, or households with minor children, for March 1, 2026 through February 28, 2027.
• Los Angeles (RSO): The LAHD relocation bulletin lists $10,650 to $26,550 depending on tenancy length and tenant status, for July 1, 2025 through June 30, 2026.
• Portland, Oregon: $2,900 to $4,500 by unit size for no-cause terminations, per Portland City Code 30.01.085.
• New Jersey: Six times the monthly rent when a tenant is displaced by illegal occupancy or code enforcement, under N.J.S.A. 2A:18-61.1g.

Ohio, Missouri, Pennsylvania, New Hampshire, and Florida mandate no relocation assistance for tenants displaced by a sale. In those states, any moving money comes from negotiation.

A right of first refusal, the tenant's right to buy before the property sells to someone else, exists in two forms. Some leases grant it contractually. A few jurisdictions mandate it: in Washington, D.C., a housing provider recovering possession for a purchaser's personal occupancy must first have notified the tenant of the right and opportunity to purchase under the Tenant Opportunity to Purchase Act, per D.C. Code § 42-3505.01. Elsewhere, no such right exists unless the lease creates it.

State-by-state tenant protections

The baseline everywhere is lease survival. Deposit mechanics and notice math vary, and just-cause rules may apply. Here is how the key states compare:

• Ohio: Under Ohio's tenant-rights rules, landlords must return deposits within 30 days of termination and delivery of possession with an itemized deduction notice, and the tenant must give a written forwarding address or forfeit damages, under ORC § 5321.16(B). Noncompliance costs the landlord double the wrongfully withheld amount plus attorney's fees under § 5321.16(C). Deposits over $50 or one month's rent (whichever is greater) earn 5% interest on the excess after six months of tenancy. Ohio has no statute forcing the seller to hand the deposit to the buyer; because ORC § 5321.01(B) defines "landlord" as the current owner, the buyer typically holds the double-damages exposure at return time. Buyers taking on occupied Ohio rentals should settle the deposit at closing, and line up landlord insurance in Ohio before taking over the tenancy.
• Missouri: One month's written notice terminates a month-to-month tenancy, effective on a rent-paying date, under RSMo § 441.060; mobile home lot tenants get 60 days. There is no sale-specific notice statute and no landlord-entry statute. Legal Services of Missouri confirms written leases bind the new owner.
• Pennsylvania: § 250.104 carries the lease to the buyer, § 250.511a requires the 30-day deposit transfer with certified-mail notice, and § 250.501(b) sets notice to vacate at 15 days (leases of a year or less) or 30 days (longer leases). Pennsylvania has no landlord-entry statute, so showing terms live in the lease.
• New Hampshire: Landlords need good cause to end a tenancy. For restricted property, sale is not among the enumerated grounds in RSA 540:2; for nonrestricted property, RSA 540:2 permits termination without a specific enumerated reason, subject to proper notice. Notice is 30 days under RSA 540:3, and the notice must state the reason with specificity. Deposits transfer to the new owner on sale, and no relocation mandate exists.
• Florida: Month-to-month tenants get 30 days' notice; year-to-year get 60; fixed-term leases run to their end date. Statutory entry notice is 24 hours but only for repairs. An owner preparing to sell should confirm their landlord insurance in Florida still fits an occupied unit.
• California: After 12 months of occupancy, AB 1482 requires written just cause to terminate, and sale is not on the list. Exemptions include buildings with a certificate of occupancy within the past 15 years and single-family homes where the owner rents no more than two units and gives written notice. San Francisco and Los Angeles layer stricter ordinances and the relocation payments described above on top.
• New Jersey: The Anti-Eviction Act bars eviction based on sale alone; the narrow purchaser-occupancy exception and the treble-damages remedies are covered in the eviction section.
• Maryland: The new owner honors the lease, month-to-month tenants get 90 days after a sale, and an owner-occupying purchaser owes 90 days' written notice. Deposits over $50 earn interest, must come back within 45 days of tenancy's end, and unreasonable withholding exposes the landlord to up to three times the withheld amount plus attorney's fees under § 8-203(e)(4). No provision of § 8-203 can be waived in a lease.

Two edge cases cut across state lines. First, rent-controlled and just-cause jurisdictions (the SF Rent Ordinance, the LA RSO, New York's Good Cause Eviction Law) override the state baseline, so always check the city ordinance before relying on state law. Second, Section 8 changes the closing itself: a Housing Assistance Payments contract does not automatically bind a new owner. Under Form HUD-52641, §14(a), "The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA," and the new owner must agree in writing, in a form acceptable to the PHA, to be bound by the contract. A buyer who skips that step doesn't receive the housing assistance payments.

Both sides of the deal need a pre-closing checklist to protect the buyer's expected return on an occupied rental. A selling landlord who skips this step hands the buyer a liability, not an asset. Work through these four items before the closing date: (1) Estoppel certificates: request a signed estoppel from every tenant confirming the current monthly rent, the exact security deposit held, and the lease start and end date; any gap between what the seller claims and what the tenant signs is a negotiating point or a deal-breaker, not a post-closing surprise. (2) Deposit reconciliation: transfer all security deposits to the buyer with a written accounting at closing that itemizes each tenant's deposit, any lawful deductions already taken, and the balance being conveyed; in most states the buyer becomes liable for the full deposit the moment title transfers, regardless of what the seller actually hands over. (3) Rent-stabilization and just-cause audit: confirm in writing whether each tenancy is covered by a local rent ordinance or just-cause eviction rule; a buyer who plans to reposition the property or raise rents to market rate after closing may find that neither option is legally available, which directly affects the projected return. (4) HAP assignment consent: for any Section 8 unit, obtain the PHA's prior written consent to the HAP contract assignment and have the buyer execute the PHA's required assumption agreement before the closing date; closing without that consent means the buyer owns the unit but not the subsidy stream, turning a subsidized rent into an unsubsidized one overnight.

What to do if your landlord announces a sale

A sale announcement is a paperwork problem. Work through these steps in order.

1. Read your lease in full. Confirm the lease term, including the end date. Then check whether a sale-termination clause exists.
2. Put communication in writing. Use email or letter, not phone calls, for notices and move-out dates. Put showing disputes in writing too.
3. Document your deposit. Locate the receipt, confirm the amount, and ask in writing which party will hold it after closing.
4. Confirm the rent payee. Before ownership changes, get written instructions on who receives rent and from what date. Keep paying on time to the confirmed party.
5. Photograph the unit's condition. A dated record protects you in any deposit dispute with a new owner who never saw the move-in condition.
6. Contact a tenant attorney or legal aid if you receive a termination notice, a buyout offer, or an owner-occupancy claim you doubt. Groups like Legal Services of Missouri and 603 Legal Aid publish state-specific guidance at no cost.

FAQ

These are the questions tenants usually ask first after a sale notice. The answers depend on lease type, state law, and whether the transfer is a routine sale or foreclosure.

Does my lease stay valid after the property is sold?

Yes. A fixed-term lease binds the buyer through its end date in every state covered here, and the new owner cannot change rent or terms mid-lease. The main exceptions are an enforceable sale-termination clause in your lease and certain foreclosure scenarios.

How much notice do I get to vacate?

Fixed-term tenants generally cannot be told to vacate before the lease ends. Month-to-month tenants get 30 days in Florida and New Hampshire, one month tied to the rent date in Missouri, 15 or 30 days in Pennsylvania depending on lease length, and 90 days in Maryland following a sale.

What happens to my security deposit?

It stays owed to you. Pennsylvania requires the seller to transfer it to the buyer within 30 days with certified-mail notice to you; Maryland makes the seller choose between transferring it with an accounting or staying personally liable; Ohio has no transfer statute, so liability lands on whoever is the landlord when your 30-day return window runs.

Can a landlord evict me just to sell?

No. Sale alone is not a legal ground for eviction in any jurisdiction researched here, and any removal requires notice and a court judgment. Evictions tied to sales almost always rest on a separate ground, most commonly the buyer's intent to move in.

How much notice is required before a showing?

Around 16 states set 24 hours by statute, about 11 require 48 hours, and roughly 10 (including Missouri and Pennsylvania) have no entry statute, leaving it to your lease. You must allow reasonable access, but excessive showings can breach quiet enjoyment and support damages.

What is cash for keys, and how do I evaluate an offer?

It is a voluntary payment to leave before your lease ends. Add your moving costs, the rent gap between your unit and market rate over the remaining term, and a premium for the disruption; where your city mandates relocation pay, treat that amount as the minimum acceptable offer.

Am I eligible for relocation assistance?

Only if your jurisdiction mandates it and your termination fits a covered ground. California guarantees one month's rent for no-fault terminations statewide, cities like San Francisco and Los Angeles pay five figures, and Ohio, Missouri, Pennsylvania, New Hampshire, and Florida mandate nothing.

How do state and local laws change the baseline?

State law sets the floor for notice periods and deposit handling. City ordinances can add just-cause rules, relocation payments, or buyout regulations in places like San Francisco, Los Angeles, and New York City. Check both levels before acting on either side of a sale.