Virginia Landlord Selling the House
Virginia rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: When rental property is sold, the current owner must transfer all security deposits, plus any accrued interest, to the new owner at the time of transfer. Va. Code §§ 55.1-1213, 55.1-1216(B), (D)
The rules in Virginia
| If the landlord sells the property | When rental property is sold, the current owner must transfer all security deposits, plus any accrued interest, to the new owner at the time of transfer. If a managing agent holds the deposits, the owner must ask for them in writing before settlement, and the agent must transfer them and give each tenant written notice that the deposit went to the new owner. The landlord must also notify the tenant of the sale and give the buyer's name, address and phone number; these duties are enforceable against any successor landlord. |
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| Tenants in foreclosure | Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. Last amended 2021 Sp. Sess. I, c. 426. |
Related questions
Virginia vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Virginia | When rental property is sold, the current owner must transfer all security deposits, plus any accrued interest, to the new owner at the time of transfer. If a managing agent holds the deposits, the owner must ask for them in writing before settlement, and the agent must transfer them and give each tenant written notice that the deposit went to the new owner. The landlord must also notify the tenant of the sale and give the buyer's name, address and phone number; these duties are enforceable against any successor landlord. Va. Code §§ 55.1-1213, 55.1-1216(B), (D) | Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. Va. Code Sec. 55.1-1237; 55.1-1216(B) |
| Kentucky | When a landlord sells or transfers the property, the tenant does not have to 'attorn' (formally accept the new owner) for the transfer to be valid, and a tenant who pays rent to the old owner before getting notice of the sale is not penalized for it (KRS 383.100(2)). In areas that have adopted Kentucky's landlord-tenant act, the landlord must give the tenant in writing the name and address of the manager and of the owner or owner's agent for notices, must keep that information current, and the duty extends to any successor landlord or owner (KRS 383.585). Kentucky's security-deposit statute (KRS 383.580) does not say who must hold or return the deposit after a sale. KRS 383.100(2); KRS 383.585; KRS 383.580 | Not verified yet |
| Maryland | If the landlord sells or transfers the rental (including in receivership or bankruptcy), the landlord or the landlord's estate stays liable to the tenant and the buyer for any part of the security deposit (and required interest) that the landlord does not hand over to the new owner along with an accounting showing the amount and date of the deposit, interest-rate records, and the tenant's name and last known address. Any successor owner is liable to the tenant for failing to return the deposit with interest. If the tenant used a surety bond instead of a deposit, the new landlord must accept the bond and may not demand an additional deposit during the current lease term. Md. Code, Real Prop. §8-203(d)(3)-(4), (i)(11) | Maryland adopts PTFA-style protections. A foreclosure buyer takes the property subject to bona fide tenants' rights and must give a 90-day notice to vacate, sent by first-class AND certified mail, return receipt requested, stating its date, the effective date and the basis. A bona fide lease generally continues to its end, unless the buyer will live there as a primary residence (then 90 days). Longer state or local protections still apply. A landlord who has received a notice of intent to foreclose may end month-to-month tenancies with 30 days' notice (60 days for year-to-year). Md. Code, Real Prop. § 7-105.8(a)-(b); § 8-402(c)(4)(ii) |
| North Carolina | When the landlord's interest ends by sale (or assignment, death, receivership, or otherwise), the landlord or agent must, within 30 days, either transfer the remaining security deposit to the successor and then notify the tenant by mail of the transfer and the new holder's name and address, or return the remaining deposit to the tenant. Either step relieves the former landlord of further liability for the deposit. A buyer of the property (grantee of the reversion) has the same remedies against the tenants under the lease as the seller had, and tenants have the same remedies against the buyer. N.C. Gen. Stat. §§ 42-54, 42-8 | For residential property with fewer than 15 rental units, the foreclosure notice of sale must be mailed to each tenant (by name, or to 'occupant') at least 20 days before the sale. It must tell tenants they may end their lease by written notice effective 10 to 90 days after the sale date, if the default is not cured. A tenant who ends the lease this way owes only prorated rent. After the sale, the purchaser can get a clerk's order for possession only after 10 days' notice to those in possession, or 30 days for properties with 15 or more rental units. When the landlord's interest ends, the deposit must be transferred to the successor (with notice to the tenant) or returned within 30 days. N.C. Gen. Stat. §§ 45-21.17(4), 45-21.16A(b), 42-45.2, 45-21.29(k)(5), 42-54 |
| Tennessee | When a landlord sells a rental in good faith to an unrelated buyer, the seller stays responsible under the lease and the landlord-tenant law until the tenant gets written notice of the sale and the security deposit is transferred to the buyer. After both happen, the seller is released for later events, unless the parties agreed otherwise. The statute does not say the sale ends the lease. Tenn. Code Ann. § 66-28-305 | Not verified yet |
| West Virginia | A sale does not cancel the lease: a tenant keeps the same rights under the lease's conditions, covenants and promises against the buyer that the tenant had against the original landlord, and the buyer gets the landlord's rights against the tenant. Whoever holds the landlord's interest when the tenancy ends must return any security deposit the original landlord received that is owed to the tenant, whether or not the deposit was actually transferred and regardless of any agreement between the seller and buyer. The statutes reviewed do not require a notice of sale to the tenant. W. Va. Code §§ 37-6-1, 37-6-2, 37-6A-2(e) | No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. W. Va. Code §§ 37-6-1, 37-6-2 |
| District of Columbia | A sale of the building does not by itself end a tenancy: the D.C. Tenant Bill of Rights says a landlord may not evict a tenant because of a sale or foreclosure. Before selling a housing accommodation, the owner must give the tenant an opportunity to purchase it at a price and on terms that are a bona fide offer of sale (the Tenant Opportunity to Purchase Act, or TOPA); the Tenant Bill of Rights explains that for single-family homes all tenants get notice of the intended sale but only certain elderly or disabled tenants keep a right to buy, and that many exemptions apply. The sources reviewed do not set a security-deposit transfer rule for sales. D.C. Code § 42-3404.02; D.C. Office of the Tenant Advocate, D.C. Tenant Bill of Rights (Form OTA 2026.09.25) | Foreclosure or sale is not a ground for eviction. Under the Rental Housing Act, a tenant may be evicted only for the statutory reasons and only with the required notice, and may not be evicted while paying rent, even after the lease expires. A new owner, including a foreclosure buyer, takes the property subject to the tenancy. Before an owner sells a housing accommodation, or issues a notice to vacate for demolition or discontinuance of housing use, it must give tenants an opportunity to purchase (TOPA) on bona fide terms. Tenants also have a 15-day right of first refusal after receiving a third-party sales contract. D.C. Code § 42-3505.01(a)(1); § 42-3404.02(a); § 42-3404.08 |
City rules that may add to state law
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Virginia Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Virginia?
When rental property is sold, the current owner must transfer all security deposits, plus any accrued interest, to the new owner at the time of transfer. If a managing agent holds the deposits, the owner must ask for them in writing before settlement, and the agent must transfer them and give each tenant written notice that the deposit went to the new owner. The landlord must also notify the tenant of the sale and give the buyer's name, address and phone number; these duties are enforceable against any successor landlord. (Va. Code §§ 55.1-1213, 55.1-1216(B), (D))
What are tenants' rights in a foreclosure in Virginia?
Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. (Va. Code Sec. 55.1-1237; 55.1-1216(B))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.