Are you a landlord or a tenant who is having to navigate through the notice to vacate process due to the sale of property. This guide will provide you with your rights for both tenants and landlords.
1. The landlord is allowed to sell at any time
In all states and territories, landlords are legally allowed to sell their property whenever they like. But this doesn’t change the status of your existing lease if you’re on a fixed-term agreement. If the agreement is periodic, a landlord can evict you, as long as they give you 90 days’ notice, or 14 days’ notice if you breach your tenancy agreement. Landlords must also give you 30 days’ notice if they wish to terminate the lease at the end of the tenancy agreement.
2. Your lease is still valid
Your current lease remains valid when your landlord puts their property on the market. And it remains so after the sale, which means you don’t automatically have to move out of the property if it changes hands. A landlord cannot terminate a fixed-term agreement for the sale of the property however if mutual consent is reached, the lease can be mutually terminated. If the new owner wants you to move out, they must comply with the terms of the existing lease.
3. The tenancy provider must give tenants notice before an inspection and they can be present
The landlord must give the tenants 14 days’ notice before the first viewing and it must take place during reasonable hours. Tenants are obligated to make all reasonable efforts to agree on a suitable time and day for the showing and must also get the property ready for the inspection by making sure its in a reasonable state of cleanliness. If an agreement isn’t reached to show the property, the landlord is only able to show the property a maximum of two times per week, and must give the tenant at least 48 hours’ notice each time. When the property is being opened for inspection, the renter has the right to be at the property.
4. Renters have a say when it comes to photography and signage
The outside of a rental property can be photographed without permission. But if the landlord wishes to take photos inside the property, they must obtain permission from their tenant and give reasonable notice. The tenant must also give their consent to signage and on-site auctions. The tenant can deny permission for any photography that identifies them personally in some states.