• Change in ownership

I have been staying at a rented place since June 2017 and now my landlord sold the property to someone else without much notification.The old landlord had told us there won't be any trouble arising due to change in ownership.Now the new landlord says that the old agreement is void and to make a new agreement he wants an increase in rent or else he wants us to vacate us in two months.Can he actually say something like this?

Please advise.
Asked 8 years ago in Property Law
Religion: Hindu

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16 Answers

1) you cannot be forced to vacate before expiry of your agreement

2) let new landlord file eviction suit against you

3) suit would take 2 years at least to be disposed of

4) offer to enter into fresh agreement with same rent

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Agreement would be valid till the date which is mentioned there, but if there is any clause in the agreement that if the property sold to someone else then right of staying is gone.

Otherwise don’t go anywhere and reside there till the end of the agreement.

Else can consult via phone for more clarification about the law in it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

No. He cannot ask you to vacate or renew the agreement. However in case he has sent you a written notice, then you need to quickly obtain an order of injunction against him.

Chidanand Kulkarni
Advocate, Bangalore
21 Answers
2 Consultations

Agreement should speak. If no such clause exist, you have to be flexible.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

If there is no clause about ownership change and consequential tenancy, then the tenant has to approach the rent controller. I can refer lawyer in Bangalore.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1) inform the landlord that you would vacate premises only on expiry of the agreement

2) that no intimation was received from your ex landlord about change in ownership

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

No the tenancy agreement does not become void merely because the ownership has been changed.

The new landlord will have to abide by the terms of the tenancy.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Then be there for more 5 months, and do not have any need to go away.

Call the police if still force you to go.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client,

Change on ownership do not effect the right of lease holder and terms of rent agreement executed with previous owner will prevail.

For any force full eviction, can approach rent control court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi,

The tenancy is on the sweet will of the owner to let any one occupy the property on some consideration.

The sale of property can not be prevented as the property is let out.

As soon as the property is sold out and ownership is changed, the new owner if he wished to honour the previous agreement, which is void due to transfer of property title may by another agreement with you let you continue.

Else there is no way to stop him to get the property vacated.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Ordinarily, if your landlord sells the rental property where you live, your lease doesn't end (or “terminate”). Rather, the buyer of the property becomes your new landlord and must comply with both the length and terms of the existing lease.

Likewise, you remain bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property.

If you don’t pay the rent or otherwise comply with the lease terms, the new landlord is entitled to the same remedies that the old landlord (the property seller) had against you. This means the new owner can try to collect whatever you owe or could begin eviction proceedings, just as the old landlord could have.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If you have not been given notice to vacate before the sale of property then you need not vacate. Your old agreement will be valid. Let him give you notice for eviction.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

1. DEPENDING on the clauses of the "registered" Tenancy Agreement (clause which describes the LandLord), the Agreement shall remain enforceable, EVEN after the property is sold and the New Land Lord has to honour it in as it is condititon.OR. give proper Notice to vacate, as per the clause of the Notice-Period for vacating the house.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The landlord does not have to inform the tenant before selling the property.

2. The tenant become a tenant under the new owner i,e buyer. The existing agreement does not become void. However, as there is a change of title a fresh agreement has to be executed but the terms of the existing agreement cannot be changed during the subsistence of the agreement. There can be no increase in rent over and above what is mentioned in the agreement.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the rental agreement with the previous landlord is valid and the tenure has not expired, then you may refuse the new owner to pay enhanced rent and also you will not vacate till the expiration of the rental agreement tenure.

He cannot evict you forcibly, however you can file an injunction suit against the new landlord restraining him from forcibly evicting you other than by due process of law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

5 months are left on my current agreement and the change in ownership tool before that.I wasn't given any formal notice in writing regarding the change in ownership just assurance from old and to be the landlord that nothing would impact the current agreement.I just wanted to know if the current agreement becomes null and void due to change in ownership and what to say to my current landlord if he keeps insisting (Bangalore)

The new landlord cannot evict you until the rental agreement expires

He may refuse to renew the tenancy after that, however you can approach court with an injunction suit agaisnt the landlord.

The current rental agreement is valid till the date of its expiration.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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