Can your landlord sell while you are living there?
Yes — your landlord has the right to sell their property at any time, including during your tenancy. However, the sale process must be managed in a way that respects your rights as a tenant, and the new owner generally inherits your lease.
If you are on a fixed-term lease, the sale does not automatically end your tenancy. The new owner becomes your landlord, and the terms of your existing lease continue until the end of the fixed term. The new owner cannot simply evict you to move in or re-let at a higher rent until your lease expires — unless there are specific grounds under the relevant state legislation.
Open inspections and your right to privacy
The sale process typically involves a real estate agent conducting open inspections of your home. This is where many tenants experience problems — agents sometimes behave as if the property were vacant, with little regard for your comfort or schedule.
You have rights during inspection periods:
Keep a log of all inspection times. If you feel you are being harassed with excessive or poorly-noticed inspections, you can raise a formal complaint.
- All inspections (open homes, private viewings) require proper written notice — the same rules that apply to routine inspections apply here.
- In most states, the landlord and agent must take reasonable steps to minimise inconvenience to you.
- You can request that personal items not be photographed for marketing materials.
- You are not required to leave during inspections, but it is common practice.
- Most states limit inspections to reasonable hours — typically no more than two per week.
Will the new owner have to honour your lease?
In virtually all circumstances, yes. When a property is sold subject to a tenancy, the new owner assumes all rights and obligations under the existing lease agreement. Your rent amount, lease expiry date, bond conditions, and all other terms carry over.
The new owner cannot increase your rent outside the normal legislative process. They cannot end your tenancy simply because they are now the owner — they need a ground for termination just like any other landlord.
The exception is if your tenancy is periodic (month-to-month with no fixed end date). In this case, the new owner may, after giving the required notice period, choose not to renew. In NSW, VIC, and QLD, a reason is still required — they cannot evict you simply because they want the property vacant.
When can you be asked to leave?
If the property is being sold with vacant possession — meaning the buyer wants to move in or otherwise needs the property empty — your landlord will need to give you notice to vacate.
Fixed-term lease: Generally, you cannot be required to leave before the end of your fixed term unless you agree or there are specific grounds.
Periodic tenancy: You can be given notice — typically 60 to 90 days depending on your state — if the new owner will be moving in or if another ground applies. In states where no-grounds eviction is abolished (NSW, VIC, QLD, SA, ACT), there must be a valid reason.
If you are being asked to leave and you believe the grounds are not genuine (for example, the property is immediately re-listed for rent after you vacate), document this and consider seeking advice.
What you are entitled to if you need to move
If the sale results in you having to vacate — even legitimately — you have practical and sometimes financial entitlements:
Some landlords also offer a rent reduction during the sales period to compensate for the inconvenience of inspections — this is not legally required but is not uncommon.
- Adequate notice (minimum 60–90 days in most states, more for long-term tenancies in some)
- Full return of your bond (unless there is a valid bond claim)
- No responsibility for remaining lease period costs if you are asked to leave