Question: Six months into a twelve month lease my landlord sold the property. Now the new landlord is telling me that I must sign a new lease. Although she is not raising our rent, other provisions of the new lease are objectionable to me. Must I sign this new lease to preserve my status as a legal tenant, or must the new landlord accept the terms of my original lease?
Answer: Generally, the tenant with an unexpired lease has a prior interest over a new owner of the residential rental property and the lease transfers with the property. It is a good idea to review the lease to be sure that there are no provisions that would automatically terminate the rental agreement upon sale of the property; but most likely, the new landlord will have to accept the terms of the original lease until it expires. Visit the Supreme Court site for a summary of the Arizona Landlord Tenant Act on line.
April 16, 2007