Chelsey Wintersteen is a Staff Attorney at Prairie State Legal Services.

No, your landlord can't end your lease just because he wants to sell the house or apartment building that you are renting.

NOTE: This article does not apply to buildings sold in foreclosure or to government-assisted housing. Examples not included areSection 8 Housing Choice Vouchers, HUD project-based housing, or public housing. These situations have different rules.

What if I want to stay and keep my lease?

A landlord is allowed to sell a building that he owns.However, the new owner buys the building with the tenants’ leases attached. That means you don’t really have to do anything.Your lease will automatically transfer to the new owner, who takes over as your landlord. After the house or apartment building is sold, you will pay your rent and complain about any problems to the new owner.

Sometimes it is hard to figure out who the new owner is. You don’t want to pay your rent to the wrong person, or else you will still owe rent to the real landlord (and then you would be stuck suing the person you paid to get your money back). The new owner should give you notice that he is taking over and provide his contact information. If you can’t figure out who the new owner is, you can go to your county’s Recorder’s Office to look up the deed.Doing this will show the name of the person or company that bought your house or apartment building.

Unless your lease says it will be renewed, the new landlord does not have to renew your lease when it ends. Be sure to follow any rules in your lease about giving notice to the landlord if you plan on moving out at the end of the lease. If you want to stay longer and the landlord wants to keep you as a tenant, you should sign a new lease, which would start after your current lease expires.

What happens to my security deposit after the new landlord takes over?

If you have pre-paid any rent or a security deposit, the old landlord is supposed to give that money to the new landlord. Even if he doesn’t, they are both responsible for that money. So if you don’t get your security deposit back after the lease ends and you move out, you can sue either (or both) of the landlords for your money back. You can’t double-dip and make both landlords return your security deposit. However, having two people to sue increases the chance you will be able to collect from one of them.

What if I want to end the lease and move out?

You can agree to break the lease, but you don’t have to. If you do agree to break the lease, you should be sure to put that agreement in writing. Otherwise, you could be faced with a lawsuit for non-payment of rent even though the landlord asked you to move out. Here is a sample agreement:

“John Jones, Landlord, and Robert Johnson, Tenant, hereby agree to end their lease for 1234 Main Street, Elgin, Illinois. That lease was dated October 1, 2018, and we now agree the lease ends on May 31, 2019. Both the lease and Johnson’s tenancy end on May 31, 2019. Johnson has paid his rent through May 2019 and does not and will not owe additional rent for months after May 2019.”

If the landlord agrees to include a statement that he will return your security deposit, add that as well. You and the landlord should both sign and date the agreement, and you should each get a copy to keep.

Simply writing “void” on a lease or tearing up your copy is not enough because your landlord could always produce a copy of the original, claiming that you ended the lease without his consent.

Also, keep in mind that your landlord may be wanting you to move out in order to make the house or apartment building easier to sell. Since you don’t have to agree to move out before your lease ends, you might be able to negotiate a good deal. For example, the landlord may be willing to give you a discount on your rent (such as half of a month rent-free) in exchange for your willingness to break the lease. Again, be sure to get any such agreement in writing.
 

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.