Question of the Month: May 2006
My son was recently divorced and wants to move to our rental house next us. The house is currently being rented out to tenants who are in the 6th month on their yearly lease. My son wants to buy the rental house. Can the tenants be evicted upon the sale of the property? -Betty, San Jose, CA
Most leases are valid and supported by the law even if the ownership of the property changes hands. To anticipate a change in ownership, many leases have buyout clauses that allow for the termination of the lease in case of a sale of the property. If you don't have a buyout clause, the lease must be honored. If you absolutely need the property, try to offer the renters some sort of monetary compensation for them to agree to early termination. The cooperation of the tenants is needed, forced eviction is not legal.