Legal Question in Landlord & Tenant Law in Pennsylvania

I live in PA and am considering buying a day care business. The owner of the business also owns the property which he also has for sale. If I have a lease with him and he sells the building, is the new owner bound to honor the lease or can he tell me to move out anytime.


Asked on 4/01/11, 7:38 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Generally, and depending on the language with in the lease, the lease runs with the land. Yhis means that the new owner must be made aware of the existing lease prior to his purchase of the land. So in my opinion, and depending on the lease language, your lease would be good and the new owner would be your landlord. However, dpending on the term of your lease and the termination provisions, the new owner could probably terminate the lease at the end of the lease term. As a practical matter, if the new buyer wants you out, he can make your life your life miserable by requiring you to live up to each and every clause in the lease. For example, if yuor rent is due on the 1st of the month, and yuo don't pay until the 5th, he may h old you in default and file papers to evict you. On the other hand, the fact that the land comes with a good tenant, provides the owner with a regular source of income, which migh be seen as a benefit to the new owner.

I would have lawyer go over the lease very carefully to determine exactly what your rights are, and perhaps your lawyer could speak with both the old and new owner to determine their intentions, and re-right the lease to protect you and your business.

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Answered on 4/01/11, 8:11 pm


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