Sunday, April 12, 2009

What is the New Jersey Law about a landlord selling the house and the new owners throwing the tennants out?

I just signed a lease to rent a house in NJ. I found out the landlord is still showing the house to sell. Does NJ law protect my rights in the event he sells the house? Do the new owners have to follow the lease and allow us to remain there until the year is up, or can they force us out, with some time limits, etc?


The answer lies in the lease. If the lease states that if the property is sold then the lease is terminated it will be up to the new owners. How ever in most cases the lease is silent. In that case the property is sold subject to the existing lease and the new owners must honor the lease until it expires.

When a rental property sells all tenant agreements leave with the old owner. Start packing.

NJ Statutes 46:8-3. Lessees of real estate; rights against grantees of reversion. From and after November tenth, one thousand seven hundred and ninety-seven, all lessees of real estate for a term of years, life or lives, their executors, administrators or assigns, shall have the like action and advantage against all persons and bodies politic and corporate, their heirs, successors and assigns, who have or shall have any gift or grant of the reversions of such real estate so let, or any part thereof, for any condition, covenant or agreement contained in their leases, as the same lessees, or any of them, ought or might have had against such lessors, and their heirs, excepting the right to recover upon any warranty of title, by deed or implied by law.

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if I read this correctly, the lessee [you] has the same rights and privileges after the transfer or sale as he had prior to the transfer or sale.

The lease runs with the land. Your agreement must be honored by the new homeowner. For example, if you signed for a year and the house sells in March, the new owner can't toss you out once he acquires the property.

Ones the property is sold the tenant has to leave within 30 day . Sometimes the new owner will extend the lease agreement.

A friend was told her place was put on the market and that was considered her notice. She had to be out 30 days before settlement.

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