What to Do When Your Landlord Sells the Property

California Tenant Defense System | Justice Foundation

A property sale does not end your tenancy. California law provides significant protections for tenants when their rental property changes hands — protections that many tenants don’t know they have until they’ve already been pressured to leave by a new owner with different plans for the property. Understanding your rights when a sale occurs protects your tenancy through the transition.

Your Lease Survives the Sale

A fixed-term lease binds the new owner just as it bound the selling landlord. If your lease has three months remaining when the property sells, the new owner takes the property subject to your lease and cannot terminate your tenancy before the lease expires except for a qualifying just cause. The California doctrine of “nemo dat” — you can’t give what you don’t have — means the seller cannot give the buyer a property free of your tenancy rights when those rights are legally established.

Month-to-Month Tenancies After a Sale

If you’re on a month-to-month tenancy, the new owner becomes your landlord and must comply with the same notice requirements that applied to the previous owner. A new owner who wants to terminate your tenancy must give proper notice — 30 days if you’ve lived there less than one year, 60 days if you’ve lived there one year or more — and must have just cause to terminate if AB 1482 or local rent control applies to the unit.

Owner Move-In After Purchase

A common post-sale eviction scenario is owner move-in — the new owner claims they want to occupy the unit. This is a legitimate just cause under AB 1482, but the procedural requirements (notice period, relocation assistance, genuine intent to occupy) apply with full force. A buyer who purchases a property specifically to remove existing tenants through fraudulent OMI evictions faces significant liability. Document any OMI notice carefully and verify the procedural requirements are met. The Justice Foundation kit covers all post-sale tenant protection scenarios.