Call for free independent agent advice
Find an experienced agent who knows how to handle tenants, keep the peace, and get you the best result.
Home › Sell Property › Renters’ Rights When Landlord Sells Property
When you’re renting a home, the last thing you want is uncertainty. So if your landlord suddenly decides to sell, it’s natural to feel anxious. Many tenants ask: “Will I have to move out? Can the new owner change my lease? What notice do I get for inspections?”
The good news is that in Australia selling a rental property does not automatically end your lease. Tenants have rights that are protected by law but those rights can vary depending on whether you’re on a fixed-term lease or a rolling (periodic) lease, and which state or territory you live in.
In this guide, we’ll break down your protections. We’ll explain:
By the end, you’ll know exactly where you stand and how to respond calmly and confidently if your rental is put on the market.
Key Takeaways Selling a rental property does not automatically end your lease. Fixed-term agreements remain valid until expiry. On periodic leases, landlords or new owners can only end the tenancy with proper written notice (30–60+ days depending on state). Tenants have a right to privacy and quiet enjoyment. Inspections require notice (usually 24–48 hours) and must be reasonable. Bond and rent remain secure. They transfer to the new landlord through the state bond authority, no need to pay a new bond. Tenants can negotiate, refuse unreasonable requests, and apply to a tribunal if rules aren’t followed. State laws vary. Always check your local tenancy authority for exact notice periods and inspection limits. Keeping everything in writing (letters, emails, receipts) protects you if disputes arise.
Key Takeaways
Yes, a landlord is free to sell their property at any time, even while it is tenanted. Owning a home gives them the right to put it on the market whenever they choose.
But here’s the key point: the sale of the property does not automatically end your lease. Whether you’re on a fixed-term agreement or a periodic (month-to-month) lease, the contract you signed is still legally binding until it ends or is lawfully terminated. This means the new buyer usually steps into the shoes of the old landlord and inherits the same obligations and conditions.
In tenancy law, this is called a “change of ownership.” Once the sale settles, the new owner becomes your landlord. From that day, they must follow the same rules about collecting rent, maintaining the property, and respecting your rights as a tenant. You don’t need to sign a new lease unless both you and the new owner agree to it.
For example:
Knowing this upfront can take away much of the fear. A property being sold doesn’t mean you’ll be forced out overnight, your legal rights continue until the correct process is followed.
When a landlord sells a property, your lease is the anchor that protects you. Whether you stay or need to move depends largely on the type of lease you have, fixed-term or periodic. and sometimes on special disclosure rules.
A fixed-term lease means you and the landlord agreed to rent the property for a set period, such as 6 months or 12 months. If your landlord sells during this time:
Example: You’re in Melbourne on a 12-month lease with 5 months left when the property is sold. The buyer becomes your landlord and must respect the remaining 5 months, they cannot force you out early unless you agree.
A periodic lease has no fixed end date. It automatically renews each week or month until either you or the landlord ends it with proper notice. If your landlord sells while you’re on this kind of lease:
Example: In Adelaide, you’re on a rolling lease. If the property is sold with vacant possession, you may be given 60 days’ notice to move out but until then, you keep paying rent and using the home as normal.
Some situations give tenants extra protection or flexibility:
Your lease stays in force even if ownership changes. Fixed-term leases give you the strongest protection, while periodic leases offer more flexibility for both you and the new owner but proper notice must always be given.
When a property is being sold, landlords and agents are allowed to show it to potential buyers. But as a tenant, you still have the right to privacy and quiet enjoyment of your home. The law sets strict rules about how and when inspections can happen.
Example: In Hobart, your landlord gives only a few hours’ notice for an open home. You’re not obliged to allow it. They must provide proper written notice within the required timeframe.
You have the right to peace, privacy, and fair notice. While inspections are part of the selling process, they cannot be excessive or disruptive.
The sale of a property by itself is not a valid reason to terminate your tenancy. A landlord or new owner can only end your agreement if they follow the correct legal process and give the proper amount of notice.
Example: If you’re renting in Melbourne on a rolling lease and the property is sold, you must be given at least 60 days’ notice if the buyer wants to move in. But if you’re in Sydney on a 12-month lease, you stay until the end of that agreement regardless of the sale.
The notice period depends on your state and the type of lease you’re on. Always check the written notice and compare it with your local tenancy laws.
When a property changes hands, your lease and payments move with it. That means your bond and rent are still secure, but there are a few important steps to understand.
Example: In Perth, your landlord sells while you’re six months into a 12-month lease. Your bond stays with the Bond Administrator, and you’ll simply be notified to pay rent to the new owner’s managing agent. Nothing else changes until your lease ends.
Your bond and rent remain protected during a sale. The main change is where your payments go and you must always be told in writing.
Having legal protections is one thing, knowing how to use them is another. If your landlord or agent doesn’t follow the rules during a sale, you have options.
Example: In Queensland, if your landlord tries to hold open homes every day without notice, you can apply to QCAT (Queensland Civil and Administrative Tribunal) to limit inspections and protect your quiet enjoyment.
You don’t have to simply accept unfair treatment. By keeping records, negotiating respectfully, and using the legal channels available, you can make sure your rights are respected during the sale process.
While the basic principles are the same nationwide, your lease continues even if the property is sold, the notice periods and inspection rules differ by state and territory. Below is a quick comparison.
Having your rental property put on the market can feel unsettling. But there are steps you can take to make the process easier and protect your peace of mind.
You don’t have to “stage” the home like a display house, but keeping it clean and presentable will reduce conflict with the landlord or agent. A well-kept home may also mean fewer requests for extra inspections.
Agree to reasonable inspection times, but don’t be afraid to say no if notice is too short or the timing is disruptive. You’re entitled to quiet enjoyment of your home.
Always ask for inspection and termination notices in writing. This avoids misunderstandings and ensures you have proof if a dispute arises later.
If you’re on a periodic lease and suspect the new owner will want vacant possession, start planning early. Research rental listings, budget for moving costs, and give yourself plenty of time to find a suitable home.
Keep copies of rent receipts, inspection notices, and emails. If something goes wrong like too many inspections or an invalid notice to vacate, you’ll have evidence to support your case at a tribunal.
Check your state’s tenancy authority website, call a tenants’ advice service, or contact your local tenants’ union. These organisations can provide free, reliable information tailored to your situation.
Example: In Victoria, if your landlord insists on multiple open homes each week, you can point to Consumer Affairs guidelines that limit inspections to what is “reasonable.”
Stay calm, stay organised, and know your rights. By setting boundaries and planning ahead, you can reduce stress and avoid surprises during the sale process.
Selling a rental property with tenants in place can be sensitive. The process is smoother and often faster when landlords respect tenant rights and work cooperatively.
Example: In Queensland, landlords who give tenants clear notice and negotiate inspection times often find the property sells faster because buyers see it well-presented, without tension between tenant and agent.
Bottom line: Respect, fairness, and good communication make the sale process easier for everyone. A cooperative tenant helps the property show better, which benefits both landlord and buyer.
Having your rental property sold can feel unsettling but it doesn’t mean you’ll suddenly be left without a home. In Australia, tenants have strong protections. Whether you’re on a fixed-term or periodic lease, the law requires landlords and new owners to follow proper notice and inspection rules.
The key is to know your rights, keep everything in writing, and reach out for help if needed. By staying calm and organised, you can get through the process with less stress and more confidence.
Remember, the sale of the property doesn’t erase your lease. You still have the right to safe, secure housing until the legal process plays out.
No. A landlord cannot make you leave just because the property is sold. If you’re on a fixed-term lease, you can stay until it ends. On a periodic lease, the new owner must give the correct notice period set by your state’s tenancy laws.
Most states require at least 14 days’ written notice before the first inspection. After that, landlords or agents must give 24–48 hours’ notice for each visit. Inspections must be at reasonable times, and usually no more than two per week unless you agree otherwise.
In some states, yes, but only with proper notice and at reasonable times. In others, your consent is required. You cannot be forced into unlimited open homes. Always check your state’s tenancy authority rules and set clear boundaries if you feel uncomfortable.
You keep all your existing rights. The new owner becomes your landlord under the same lease terms. They cannot raise rent, change conditions, or force you to sign a new agreement. You must be notified in writing where to pay rent and who manages the property.
Yes, if the landlord or agent hasn’t followed the legal notice period, comes at unreasonable times, or exceeds inspection limits. However, you cannot refuse lawful inspections altogether. If disputes arise, you can apply to your state’s tenancy tribunal for guidance.
Your bond stays lodged with your state or territory bond authority. The selling landlord and new owner must update the bond record. You don’t need to pay a new bond or re-sign your lease. At the end of the tenancy, the bond is refunded as usual.
Keep written records and contact your state’s tenancy authority or tenants’ union. If needed, apply to your local tribunal for orders. Tribunals can restrict inspections, award compensation, or rule an invalid notice unlawful. Acting quickly and having documentation strengthens your case.
Reach out to one of our knowledgeable team members below.
