Answer FileLandlord–Tenant

What happens to my lease if my landlord sells the property?

The answer, cited

The tenancy survives the sale. A buyer of California rental property takes subject to existing leases, the security deposit must be transferred to the new owner or returned with notice to the tenant (Civil Code section 1950.5(h)), and Tenant Protection Act just-cause and rent-cap rules keep applying to covered units.

A sale changes the landlord, not the lease. In California, the buyer of occupied rental property steps into the seller's shoes: leases continue on the same terms, month-to-month tenancies continue until properly terminated, and rent, deposit, and habitability obligations carry over. Civil Code section 1950.5(h) requires the outgoing owner to transfer the security deposit to the buyer or return it to the tenant, with notice; the new owner then owes its eventual accounting and return. Protections under the Tenant Protection Act, the rent cap of Civil Code section 1947.12 and the just-cause termination rules of section 1946.2, attach to the tenancy, not the owner, so a new owner who wants the unit must still invoke a lawful ground such as owner move-in, with relocation assistance where required. Foreclosure follows its own rules: Code of Civil Procedure section 1161b generally gives tenants at least 90 days' notice, and fixed-term leases often survive to term. Get the new owner's contact and payment instructions in writing.

Authority: Cal. Civ. Code § 1950.5(h)

Source: Cal. Civ. Code § 1950.5(h) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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