Will I have to move?

Maybe not. A landlord must have a legal basis for eviction and obtain a judgment for possession through the eviction court process before forcing you to leave. In New Jersey, the sale of a property alone is not a basis for eviction. However, if the building has three residential units or fewer and the buyer wishes to live in your unit, you may be at risk of eviction. The contract for sale between your landlord and the buyer must require that your unit be vacant at the time of closing (the last step in the sale process when the deed is transferred). The landlord has to give you at least two full calendar months’ notice to vacate before filing an eviction complaint with the court. The notice cannot be effective before your lease term ends.  

Example: You rent a single-family home and the property has been listed for sale. You have a lease agreement that ends December 31.

On August 8, the landlord sends you a letter stating that your tenancy will be terminated on November 30, and you have to vacate, because the property is being sold to a buyer who wishes to move into the home. It also states that the contract for sale requires that the home must be vacant at the time of closing.

Can the landlord legally file an eviction complaint based upon the August 8 notice in December?

No. While the landlord must give two calendar months’ notice, the landlord cannot require you to leave before the end of your lease contract. The earliest the landlord can file for eviction is in January.

Note:Even if your landlord is selling the property, you still have to pay your rent. Otherwise, the landlord could immediately file an eviction complaint based on nonpayment of rent.

The landlord is not renewing my lease because they intend to sell the property. Do I have to move?

A landlord’s decision not to renew a lease is not grounds for eviction in New Jersey. The lease terms continue on a month-to-month basis. However, if the landlord lives on the premises and there are one or two residential rental units, they do not need a reason to evict. The landlord just needs to send a notice ending the tenancy at or after the end of the lease term before filing for eviction. The notice needs to be delivered a rental period in advance (typically one month if you pay rent monthly).

Do I have to let inspectors, realtors, or potential buyers in while I am still living there?

In general, the landlord or those acting on behalf of the landlord may be granted reasonable access after providing reasonable prior notice. If you live in a building that has three or more dwelling units, that usually means one day.

It is important to review your last written lease terms, and the terms of any written rules. If there are any paragraphs about the landlord, or someone who works for the landlord, accessing the unit, you could be at risk of eviction if you deny access. The landlord would have to send a warning notice first, and if there is an alleged breach after that, the landlord would have to send a one-month notice terminating the tenancy before filing an eviction complaint.

Does the new owner have to honor my lease agreement?

When an owner sells the property directly to someone else, the new owner takes the property subject to the current lease terms. Even if your lease expired years ago, those same terms carry over on a month-to-month basis.

The new owner may, after a lease term ends, propose a new lease or rent increase. If that happens, you should seek legal advice. A landlord must follow certain rules and procedures, which are explained in the chapter Your Rights When the Rent Is Increased.

An owner may later decide to move into the property. If the building has three residential units or fewer, that could also be grounds for eviction. The owner must serve you with a two-calendar-month notice in order to end your tenancy. The notice can only be effective after the end of the lease term.

What happens to my security deposit after the landlord sells the property?

If you are still living there, the new owner is responsible to you for the deposit, even if the new owner did not get it from the prior owner. Learn more about security deposits in the article, Security Deposit: What It Is and What a Landlord Must Do With It While You Live in the Property.

I moved (or was evicted) because the buyer or owner was going to move in, but never did. What are my rights?

If the buyer or owner did not live there for at least six months, you may have grounds for a lawsuit. You may be able to get triple the costs you incurred as well as attorney’s fees and the costs of a lawsuit. Keep copies of all of your notices, court papers, and any receipts associated with your move, such as moving truck, storage unit, etc.

Seek legal advice.

This information last reviewed: Nov 14, 2024