If I buy property in Utah with an existing tenant, does the lease survive the sale?

If property is purchased or sold in Utah while there is an existing valid lease or rental agreement in effect on the property, that lease can survive the sale of the property. Whether the property involved is a residential home or part of a commercial development, the terms of the lease will, as a general rule, continue to be binding on both the tenant and on the new landlord.

In some circumstances, either the terms of the lease or the actions of either the landlord or the tenant may invalidate the lease. Escaping from the lease may be desirable for either the tenant or landlord. But it may also cause problems and legal issues that land both parties in court.

If you are purchasing real estate in Utah that is currently leased, or if you are a tenant on property that has been or is about to be sold, it is important to understand both your legal rights and duties. Consultation with an experienced Utah real estate attorney can help ensure that your transaction remains free of legal problems.