Home > Research Legal Advice > Landlord / Tenant > In Florida, is a renter's lease broken if a unit is sold while the lease...
Asked about 1 year ago - Saint Petersburg, FL
FlagWe are 3 months into our 12 month lease. Our landlord has decided to sell the condo. Their broker has informed us that after it is sold (which we all expect to happen fairly quickly), we will have 30 days notice to move out. I can not find anything in our lease contract that deals with this situation. The only thing I can find that relates is "DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83. entitled Florida Residential Landlord and Tenant Act which contains information on defaults and medies." Do we legally have to move? Or legally do the new buyers need to honor our lease?
The sale doesn't break your lease although the landlord would assign the lease to the buyer. That means the buyer would be your new landlord and have any rights to terminate the lease that the original landlord has. It would seem that time is on your side to consider your alternative options in housing because life can be very difficult if there is disharmony between a landlord and a tenant. If you are looking to fight for the lease, you will need to consult an attorney. I find often that a lay person may overlook a relevant section in a lease based upon their sense of the problem.
The buyer takes the house subject to and restricted by your prior interest as lessor. You will have all the same rights against the buyer as you had against the original owner and the buyer will have all relevant landlord's rights against you. He cannot simply break the lease. In case they try to bully you further, it is also worth noting that in Florida you can only be forced to move out pursuant to a Court order enforced personally by the Sheriff's office for your county.
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