Notice to Vacate Due to Sale of Property: Renters’ Rights When Landlord Sells House
So you’re at home, fanging for an oat latte, when you head out the door to your local café, check the mail box and see you’ve received, the letter. The letter to end all letters. The letter to say your landlord is packing up shop and is selling your home. What in the world of unfair is this?
While this is one sure way to turn your oat latte sour, the main thing to know is there are rules in place to protect renters and if you’re on a lease, your current lease remains in place. Check our article below on what your rights are for your state.
Can a landlord sell a house during a lease?
The answer is, in a nutshell, yes. They own the home and so legally they are allowed to sell their property at any time. But if you’re on a fixed-term agreement, meaning you have a set end date to your lease and not on a periodic lease (colloquially know as month-to-month), then your lease remains.
What happens to my lease if my landlord sells?
So the good news is, if you’re on a fixed-term lease and your landlord sells your property, you can continue living in the home, even once the big deal is done. As you’re on a fixed-lease agreement with a fixed-rental price, this is also not allowed to change until your current lease ends. If your new owner is great and likes you as tenants, they may even just keep you on for another 12 months once your current lease ends as well. If you’re on a periodic lease (month-to-month), you may not be as lucky, but this is one of the risks and benefits that come with a month-to-month agreement.
But there are some other things to be aware of, like your property manager, which could change with the new owner. Depending on the relationship with your current property manager, this could be a positive or a negative. Your new landlord still has to uphold their end of the bargain by fixing things in the home when they go wrong and calling out a plumber when the tap has a breakdown. This could all change as soon as your fixed-term lease ends though, so be wary of that.
Can new owners of a rental ask you to move out?
Yes, the new owners can ask you to move out, but as we mentioned above, if you’re on a fixed-term lease, legally you are allowed to stay in the property until the end of your lease. If you’re on month-to-month, your landlord needs to give you notice and a grace period to find a new place, but this depends on which state you live in. We’ve got more on this in our state-by-state section below.
Some new owners may also want to move in, and no matter what lease you’re on, they can ask, but you don’t have to agree. Some may even offer compensation to help you make your decision (to move out).
Do renters have to allow open for inspections?
Unfortunately, yes. At Flatmates, we always caution our audience to never meet someone that you haven’t spoken to on the phone first and never move into a property you haven’t seen in person. So we kinda gotta practise what we preach here and be pro-inspection. But your landlord does need to give you notice before the first viewing and it has to take place within “reasonable hours” (whatever that means). You’re also welcome to be present when the house is open for inspection, so if you’re a masochist and want to see new buyers rip your place to shreds, go for it.
In some states you can even make shmoney by hosting inspections – up to $30 per day or half a day’s rent for each inspection that takes place. The laws differ for different states (of course) so make sure you read up on your rights for your state.
What about photography?
You definitely have a say in this as it is not only your home but all of your possessions that will be photographed. Unfortch, anyone can snap away at the front of your home, but the landlord needs to ask for your consent to snap away at your insides, thank god.
Again, this can all depends on which state you’re in, so read up.
Renters’ Rights When a Landlord is Selling by State
If lockdowns showed us anything, it’s that our states are complex creatures, and they can go rogue and create or change laws at will. Check your state below to ensure you’ve got the most up to date info.
ACT
How much notice does the landlord have to give before open for inspections?
24hrs minimum is needed before a strange buyer can rock up at your house, so that’s nice.
How much notice does a landlord need to give to end the lease?
The landlord is unable to end the lease if you’re on a fixed-agreement, which is lush, but if you’re on month-to-month, the landlord can evict you on 8weeks’ notice if they “genuinely intend to sell the property.” Find more info at ACT Govt.
VIC
How much notice does the landlord have to give before open for inspections
24hrs minimum is needed before a strange buyer can rock up at your house, so that’s nice.
How much notice does a landlord need to give to end the lease?
You can’t be evicted from the property if you have a fixed-agreement in place. If you’re on month-to-month, your landlord needs to give you 60 days’ written notice.
Is there a limit for how many open for inspections can be held?
Hell yeah! You can receive either $30 or half a day’s rent (whatever is more) for each sales inspection. Get more info at Tenants Victoria.
NSW
How much notice does the landlord have to give before open for inspections?
2 weeks’ written notice and then 48hours’ notice for any extra inspections on top and no more than one inspection per week.
How much notice does a landlord need to give to end the lease?
You can’t be evicted from the property if you have a fixed-agreement in place. If you’re on month-to-month, your landlord needs to give you 90 days’ notice. They need to give you 30 days’ notice if they wish to end your lease at the end of the fixed-period. Find more info at Fair Trading NSW.
TAS
How much notice does the landlord have to give before open for inspections?
True to form, Tas is a bit nimby about outsiders coming into their space, so bare with me. If you have given your landlord written permission, they can legit come over at any time to do inspections. But if you haven’t given them your nice little note, then they are only allowed to come over once a day, between 8am and 6pm and no more than 5 times a week. The poor sods also have to give you 48 hours’ written notice before each inspection. WOW.
How much notice does a landlord need to give to end the lease?
Your old or new landlord can’t end the lease (yay) if you’re on a fixed-agreement, but if you’re on periodic lease, then they need to give you 42 days’ written notice. Get more info at Tenants Union Tas.
SA
How much notice does the landlord have to give before open for inspections?
Your landlord needs to give you 2 weeks’ notice before they advertise the home for sale and “reasonable notice” before each inspection, again whatever that means. They aren’t allowed to come over on Sundays – Adelaide is the city of churches after all – and can only come over between 8am and 8pm and only twice every 7 days.
How much notice does a landlord need to give to end the lease?
Your old or new landlord can’t end the lease (yay) if you’re on a fixed-agreement, but if you’re on a periodic-lease, they need to give you 60 days’ written notice if the sale contract has been signed and 90 days if it hasn’t. Get more info at SA Govt.
WA
How much notice does the landlord have to give before open for inspections?
Landlords need to provide you “reasonable notice” before an inspection, whatever that means, and can only come around between 8am and 6pm weekdays and 9am and 5pm on Saturdays.
How much notice does a landlord need to give to end the lease?
You can’t be evicted from the property if you have a fixed-agreement in place (yay!). If you’re on month-to-month, your landlord needs to give you 30 days’ written notice. Find more info at WA Govt.
QLD
How much notice does the landlord have to give before open for inspections?
24 hours minimum is needed before a strange buyer can rock up at your house, so that’s nice. An additional 24 hours notice needs to be given before any inspections.
How much notice does a landlord need to give to end the lease?
You can’t be evicted from the property if you have a fixed-agreement in place (yay!). If you’re on month-to-month, your landlord needs to give you 4 weeks’ notice, once a contract of sale has been signed. Get more info at Residential Tenancy Authority Queensland.
NT
How much notice does the landlord have to give before open for inspections?
24 hours minimum is needed before a strange buyer can rock up at your house, so that’s nice. The inspection can only be held between 7am and 9am, which is equally nice if you aren’t a morning person.
How much notice does a landlord need to give to end the lease?
You can’t be evicted from the property if you have a fixed-agreement in place. If you’re on month-to-month, your landlord needs to give you 42 days’ notice. Get more info at Consumer Affairs NT.
