What are Tenant Rights When Selling a Rental Property in WNY?

If you own a rental property in Western New York and are ready to sell, you must understand New York landlord-tenant laws. The Housing Stability and Tenant Protection Act of 2019 significantly expanded tenant rights in NY, making it more difficult to evict tenants simply because you wish to sell the property. Here is what you need to keep in mind.

1. Active Leases Must Be Honored

In New York State, a lease agreement runs with the land. This means that if your tenant has a fixed-term lease (for example, a one-year lease), the new buyer must honor that lease until it expires. You cannot evict a tenant simply because you are selling the house. The lease agreement remains active, and the new owner becomes the tenant's landlord.

2. Notice Requirements for Month-to-Month Tenants

If the tenant is on a month-to-month agreement, you must give them written notice if you wish to terminate their tenancy to sell the house vacant. The notice period depends on how long the tenant has lived in the property:

• Under 1 Year: 30 days notice
• 1 to 2 Years: 60 days notice
• Over 2 Years: 90 days notice

3. Selling with Tenants in Place

Listing a property traditionally with active tenants is challenging. Tenants may refuse to keep the home clean for showings, refuse entry, or fail to pay rent during the transition. If you sell to Peak Cash Buyers, we buy homes with tenants in place. We assume the lease and handle all future tenant management, lease collections, or evictions. Read more about selling tenanted homes in Buffalo, as well as our process in Tonawanda and North Tonawanda.