Landlord Sold the Property? Your Lease Rights (Art. 1676)

Quick answer: A sale does not end your lease by itself. The buyer takes the landlord’s place and must respect the lease, unless it was unregistered, the buyer did not know about it, and the deed of sale does not keep it (Civil Code Art. 1676). Even then, the buyer must first demand that you leave and win an ejectment case.

What decides it: whether the lease is annotated on the title, what the deed of sale says, whether the buyer knew you were renting, whether your lease has a fixed end date, and whether your unit is covered by rent control. If the property is owned by several people and only one share is being sold, see our guide on selling leased co-owned property.

At a glance: the rule, the exception and the next step

Question	Practical answer	Legal basis
Does the sale end the lease?	No. A sale does not by itself terminate an existing lease.	Midway Maritime v. Castro, G.R. No. 189061 (2014)
When can the buyer end it?	Only if the lease is unregistered, the buyer did not know of it, and the deed of sale has no clause keeping it.	Civil Code Art. 1676
Rent-controlled unit?	The sale is not a ground to eject you, registered lease or not.	RA 9653, Sec. 10
What proof matters most?	Your lease, rent receipts, any annotation on the title, and proof the buyer knew you were there.	Arts. 1648, 1676
First step	Ask for written notice of the sale and the buyer’s position on the lease. Do not move out on a verbal order.	Art. 1654(3); ejectment requires a court case

Does selling the property end my lease?

No. The landlord’s duty under Article 1654(3) of the Civil Code is “to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.” Selling the property does not cancel that duty; it moves the question to the buyer.

The Supreme Court said so directly in Midway Maritime and Technological Foundation v. Castro (G.R. No. 189061, August 6, 2014): the fact that a new owner bought the property “did not ipso facto terminate the lease.” In Castro, Jr. v. Court of Appeals (G.R. No. 97401, December 6, 1995), the Court said a buyer at a foreclosure sale “merely succeeds to the rights and obligations” of the former owner on the lease, subject to Article 1676. In plain terms, the buyer becomes your new landlord on the same lease, unless Article 1676 lets them end it.

Does this apply to your situation? When the new owner can end the lease

Article 1676 states: “The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease, save when there is a stipulation to the contrary in the contract of sale, or when the purchaser knows of the existence of the lease.” This gives the buyer a termination right only when all three of these are true:

The lease is not registered. Article 1648 says any lease of real estate “may be recorded in the Registry of Property” and that an unrecorded lease “shall not be binding upon third persons.” A lease annotated on the title binds the buyer.
The deed of sale does not preserve the lease. Many sale contracts say the property is sold “subject to the existing lease.” That clause takes away the buyer’s right to cancel.
The buyer did not know about the lease. If the buyer knew you were renting, Article 1676 does not let them cancel, even if the lease was never registered.

Knowledge is often the easiest point for a tenant to prove. A buyer who inspected the property and saw you living there, received your contact details from the seller, met you at the property, or was shown your lease will have difficulty claiming ignorance. In Midway, the Court found that the successive buyers “all had knowledge of the lease” and none moved to terminate it, so the lease stood.

Article 1676 speaks of “a piece of land.” Houses and lots are ordinarily sold together, so the rule is normally applied to the whole leased property. If your case involves something unusual, such as a building sold separately from the land, have a lawyer check how the rule applies to your facts.

What if my lease has no fixed end date?

A lease with no fixed period (for example, a month-to-month arrangement) gives you less protection whoever owns the property. In Bernabe v. Luna (G.R. No. L-57645, February 27, 1987), the lease was unrecorded and the buyers knew of it, but because “there was no fixed period for its duration,” it was “generally terminable at the will of the buyers.” The Court added: “But of course they had to make a demand for its termination.” So even here the buyer must give you a proper demand first. See how month-to-month and verbal leases end for the notice periods under Article 1687.

Other limits on the buyer

Fake sales: If the sale is fictitious and made only to get rid of the tenant, the buyer cannot use Article 1676. The sale “is presumed to be fictitious” if it is not yet recorded in the Registry of Property when the buyer demands that the lease end (Art. 1676, third paragraph).
Sale with right to repurchase (pacto de retro): The buyer “cannot make use of the power to eject the lessee until the end of the period for the redemption” (Art. 1677).
Agricultural land: “The ejectment of tenants of agricultural lands is governed by special laws” (Art. 1673). Farm tenancy follows agrarian law, not these lease rules.

How does the Rent Control Act change the answer?

For residential units covered by rent control, a sale is simply not a ground for ejectment. Section 10 of Republic Act No. 9653 (the Rent Control Act of 2009) states: “No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not.”

For covered units, this overrides the Article 1676 exception. The buyer must rely on one of the grounds listed in Section 9 of RA 9653, such as three months’ unpaid rent, an unauthorized sublease, expiry of a fixed-term lease, or the owner’s legitimate need to repossess the unit for personal or family use. The last ground has strict conditions: the fixed term must have ended, the tenant must receive formal notice three months in advance, and the owner cannot rent the unit to someone else for at least one year after taking it back.

Whether your unit is covered depends on its location and monthly rent and on the coverage set by the housing authorities, which has been extended and adjusted over time. Check the current rules in our Rent Control Act guide and with the Department of Human Settlements and Urban Development (DHSUD).

Which situation am I in?

Your situation	Can the buyer end the lease?	What to do
Lease annotated on the title	No. A registered lease binds the buyer for the rest of the term.	Keep a certified copy of the title showing the annotation.
Deed says “subject to the lease”	No. The sale contract itself preserves the lease.	Ask the seller or buyer for a copy of that clause.
Unregistered lease, buyer knew of it	No, for a fixed term. If there is no fixed term, only after proper demand.	Collect proof the buyer knew: messages, inspection visits, introductions.
Unregistered lease, buyer did not know	Yes, but only after demand and, if you stay, a court case.	Claim damages from the seller and, for crops, the current harvest (Art. 1676).
Rent-controlled residential unit	Not because of the sale. Only on an RA 9653 Sec. 9 ground.	Keep paying rent; confirm coverage with DHSUD.

What has the Supreme Court said?

Decision	Date	What it held
Midway Maritime v. Castro, G.R. No. 189061	August 6, 2014	Buying leased property did not ipso facto end the lease; buyers who knew of it and never moved to end it stayed bound.
Castro, Jr. v. Court of Appeals, G.R. No. 97401	December 6, 1995	A foreclosure buyer succeeds to the former owner’s rights and obligations on the lease, subject to Art. 1676.
Bernabe v. Luna, G.R. No. L-57645	February 27, 1987	Buyers who knew of an unrecorded lease without a fixed term could end it, but only after a demand; possession became unlawful from that demand.

Who do I pay rent to after the sale?

Pay the new owner once you have reliable written proof of the sale, such as a copy of the deed or the new title, together with a notice signed by both the seller and the buyer telling you where to pay. Until then, keep paying the original landlord and get receipts. Avoid paying cash to someone who simply shows up claiming to be the new owner.

If both the seller and the buyer demand the rent, or neither will accept it, you can protect yourself through consignation. Article 1256 allows a debtor to deposit the amount due when “two or more persons claim the same right to collect,” or when the creditor refuses payment without just cause. For covered rental units, Section 9 of RA 9653 lets a tenant whose rent is refused deposit it in court, with the city or municipal treasurer, with the barangay chairman, or in a bank in the lessor’s name, within one month of the refusal. Paying this way prevents the buyer from later accusing you of non-payment.

What happens to my security deposit and improvements?

Your deposit was paid to the original landlord. The Civil Code has no specific article on who returns it after a sale, so get it settled in writing: either the seller hands the deposit to the buyer and both confirm this to you, or the seller returns it if the lease is ending. For rent-controlled units, Section 7 of RA 9653 requires the deposit (up to two months) to be kept in a bank, with any interest returned to the tenant when the lease expires. For deductions and refunds, see our security deposit guide.

If you made useful improvements in good faith that suit the purpose of the lease, Article 1678 entitles you, when the lease ends, to one-half of their value at that time. If the lessor refuses to pay, you may remove them, without causing more damage than necessary. Ornamental items can be removed if no damage results, unless the lessor chooses to keep them by paying their value.

Can the new owner lock me out or cut utilities?

No. Even a buyer who has the right to end the lease must make a demand and, if you do not leave, file an ejectment case and win it. Changing the locks, removing your belongings, or cutting water or electricity to force you out is not a lawful substitute for a court order. See whether a tenant can be evicted without a court order and, for owners, how a legal eviction works step by step.

If the buyer can end the lease, what can the tenant claim?

When a buyer validly ends an unregistered lease under Article 1676, the second paragraph of that article gives the tenant two things: the right to “gather the fruits of the harvest which corresponds to the current agricultural year,” and the right to have “the vendor indemnify him for damages suffered.” Your claim for damages is against the seller, who sold the property without protecting your lease. Article 1659 also lets a tenant ask for rescission and damages, or damages alone, when the lessor fails in the duty to keep the tenant in peaceful enjoyment for the whole term.

Typical damages include moving costs, rent paid in advance for a period you cannot use, and the extra cost of comparable housing for the rest of your original term. Keep receipts.

Deadlines and what starts the clock

Action	Period	What starts the clock	Authority
Fixed-term lease that binds the buyer	Ends on the day fixed, without need of demand	The end date in the lease	Civil Code Art. 1669
Buyer files unlawful detainer	Within one year	The date of the last demand to vacate	Bernabe v. Luna, G.R. No. L-57645
Tenant consigns refused rent (covered unit)	Within one month	The lessor’s refusal to accept payment	RA 9653, Sec. 9
Owner repossesses for own or family use (covered unit)	Three months’ formal notice	Notice given after the fixed term has ended	RA 9653, Sec. 9
Tenant sues seller for damages	10 years (written lease) or 6 years (oral lease)	When the right of action accrues; a written demand interrupts it	Arts. 1144, 1145, 1155

Your options and what to do next

If you are the tenant

Stay calm and stay put. A sale is not an eviction order. Keep paying rent and keep every receipt.
Ask for written notice. Write to both the seller and the buyer asking for (a) proof of the sale, (b) where to pay rent, and (c) whether the buyer will honor the lease. Text or email is fine; keep copies.
Gather your proof (see the checklist below).
Check rent-control coverage. If your unit is covered, the sale cannot be a ground to eject you (RA 9653, Sec. 10).
If rent is refused or disputed, consign it under Article 1256 or RA 9653 Sec. 9 instead of withholding it.
If the buyer demands that you leave, reply in writing stating why the lease binds the buyer (registration, the deed’s clause, or the buyer’s knowledge). If the buyer can validly end the lease, send a written claim for damages to the seller.
Go to the barangay. Most disputes between individuals living in the same city or municipality must first go through barangay conciliation before a case can be filed. See barangay conciliation and the certificate to file action.
Get free help if you need it, and answer any court summons on time.

If you are the buyer or new owner

Before buying, inspect the property, ask who occupies it, get copies of every lease, and check the title for annotations. Knowing about a lease means you take the property subject to it.
After buying, register the sale and send the tenant a joint notice with the seller saying where rent is now paid.
To end a lease you are entitled to end, send a clear written demand. If the tenant stays, file an unlawful detainer case after barangay conciliation, unless an exception applies. Do not use self-help.
Settle the deposit with the seller in writing so the tenant knows who will return it.

Documents and evidence checklist

Must have: your lease, or proof of a verbal lease such as rent receipts, bank transfers and messages; proof that your rent is paid or consigned.
Helpful: a certified true copy of the title showing any lease annotation; the deed of sale or its “subject to the lease” clause; proof the buyer knew you were renting (messages, visit dates, introductions); all notices and demand letters; photos of the unit and any improvements; receipts for moving or replacement-housing costs.
Confirm with the office: the barangay’s complaint form and filing requirements, and the documents PAO asks for to check whether you qualify for free representation.

Your first action today: send a short written message to both the seller and the buyer asking whether the buyer will honor your lease and where to pay next month’s rent, and save a copy.

Example: what this looks like in practice

This example is fictional and simplified; your result depends on your own documents and facts. Si Liza ay may two-year written lease sa isang apartment, hindi naka-annotate sa titulo. After eight months, ibinenta ni Mang Ben ang building kay Ms. Cruz, who viewed the units while Liza was home. Ms. Cruz then texted Liza: “Umalis ka na in 15 days.” Because Ms. Cruz knew of the lease, Article 1676 does not let her end it, so the lease runs until its end date. Liza replies in writing, asks both of them where to pay, keeps her receipts, and consigns the rent if both refuse it. If Ms. Cruz insists, Liza brings the matter to the barangay first. Had Ms. Cruz truly not known of the lease, she could end it only after a demand and a court case, and Liza could claim damages from Mang Ben.

Contact the right agency

Barangay (Lupong Tagapamayapa): the barangay where the property is located, for conciliation before most court cases. Go to the barangay hall in person; addresses and hours vary by barangay and were not checked here. Bring your lease, receipts and any demand letter.
Registry of Deeds: the Registry of Deeds for the city or province where the property is, for a certified true copy of the title and to check for a lease annotation. The Land Registration Authority’s official site is lra.gov.ph. Office addresses, map links and fees were not verified for this guide; confirm them on the LRA site before going.
Public Attorney’s Office (PAO): free legal help for those who qualify, especially once an ejectment case is filed. Official site: pao.gov.ph. Our checker could not open it on November 4, 2026, so district office addresses and contact details were not verified; confirm them on the PAO site or at the nearest Hall of Justice.
DHSUD: for questions on whether your unit is covered by rent control. Official site: dhsud.gov.ph. Our checker could not open it on November 4, 2026; current coverage rules and office contacts were not verified.

Details checked: November 4, 2026.

Key takeaways

A sale does not automatically end a lease; the buyer generally takes the landlord’s place.
Under Article 1676, a buyer may end the lease only if it is unregistered, the buyer did not know of it, and the deed does not preserve it.
Registering a long lease on the title (Art. 1648) is the tenant’s strongest protection.
For rent-controlled units, a sale is never a ground for ejectment (RA 9653, Sec. 10).
Even a buyer with a right to end the lease must make a demand and go to court; lockouts are not allowed.
If the buyer validly ends the lease, the tenant’s damages claim is against the seller (Art. 1676).

Frequently asked questions

Does the new owner have to honor my lease if it was never registered?

Yes, if the new owner knew about your lease or the deed of sale says the property is sold subject to it (Civil Code Art. 1676). For rent-controlled units, the sale cannot be a ground for ejectment whether the lease is registered or not (RA 9653, Sec. 10).

Can the buyer raise my rent right after the sale?

Not during a fixed-term lease that binds the buyer, because the buyer takes over the same lease terms. For covered rent-controlled units, increases are also limited by the rules issued under RA 9653. See our Rent Control Act guide.

How much notice must the buyer give before I leave?

There is no single fixed period for every sale. A fixed-term lease that binds the buyer runs to its end date. A lease the buyer may validly end still requires a demand; for leases without a fixed term, the notice periods tied to how rent is paid (Art. 1687) are the usual guide. If you do not leave, the buyer must file an ejectment case.

Do I have a right to buy the property before it is sold to someone else?

Not automatically for an ordinary residential lease. A tenant has a right of first refusal or an option to buy only if the lease grants one or a special law provides it. Check your contract for such a clause.

What if the buyer says they never knew about my lease?

Whether the buyer knew is a question of fact, so evidence decides it. Messages with the buyer or broker, the dates the buyer inspected the property while you lived there, and anything showing the seller disclosed your lease all help. Courts have found knowledge where buyers bought property they knew was occupied by a tenant (Midway; Bernabe).

Does a bank foreclosure end my lease?

Not automatically. A buyer at a foreclosure sale succeeds to the former owner’s rights and obligations on the lease, subject to Article 1676 (Castro, Jr. v. Court of Appeals). For covered rent-controlled units, a mortgage or sale is not a ground for ejectment (RA 9653, Sec. 10).

How long does the new owner have to file an ejectment case?

An unlawful detainer case must be filed within one year from the date of the last demand to vacate (Bernabe v. Luna). After that, the owner’s remedy is generally a slower ordinary action to recover possession.

Binenta ng landlord ang bahay na inuupahan ko. Kailangan ko na bang umalis agad?

Hindi agad. Hindi natatapos ang upa dahil lang sa bentahan. Kung alam ng bagong may-ari na may nangungupahan, o nakasulat sa deed na “subject to the lease,” tuloy ang kontrata ninyo hanggang matapos ang term. Kailangan pa rin niyang mag-demand nang nakasulat at manalo sa ejectment case bago ka mapaalis.

Kanino ko na ibabayad ang upa — sa dating may-ari o sa bago?

Habang wala pang malinaw na patunay ng bentahan, sa dating landlord muna, at humingi ng resibo. Kapag may kopya ka na ng deed o bagong titulo at sulat mula sa dalawa kung saan magbabayad, sa bagong may-ari na. Kung pareho silang naniningil o pareho silang ayaw tumanggap, puwede mong i-consign ang bayad (Art. 1256).

Pinatayan kami ng tubig at kuryente ng bagong may-ari para umalis. Legal ba ’yan?

Hindi. Kahit may karapatan siyang tapusin ang upa, kailangan niya ng demand at ng desisyon ng korte sa ejectment case. Idokumento ang nangyari (litrato, petsa, mensahe), dumulog sa barangay, at lumapit sa PAO kung kailangan mo ng libreng abogado.

Sources

Civil Code of the Philippines (RA 386), Arts. 1144, 1145, 1155, 1256, 1648, 1654, 1659, 1669, 1673, 1676, 1677, 1678, 1687 — LawPhil
Republic Act No. 9653 (Rent Control Act of 2009), Secs. 5, 7, 9, 10, 12 — LawPhil
Midway Maritime and Technological Foundation v. Castro, G.R. No. 189061, August 6, 2014 — LawPhil
Castro, Jr. v. Court of Appeals, G.R. No. 97401, December 6, 1995 — LawPhil
Bernabe v. Luna, G.R. No. L-57645, February 27, 1987 — LawPhil
Land Registration Authority — lra.gov.ph
Department of Human Settlements and Urban Development — dhsud.gov.ph
Public Attorney’s Office — pao.gov.ph

Sources checked: November 4, 2026 (Asia/Manila) — Civil Code Arts. 1144, 1145, 1155, 1256, 1648, 1654, 1659, 1669, 1673, 1676, 1677, 1678 and 1687; RA 9653 Secs. 5, 7, 9, 10 and 12; and the full texts of Midway Maritime v. Castro (G.R. No. 189061), Castro, Jr. v. Court of Appeals (G.R. No. 97401) and Bernabe v. Luna (G.R. No. L-57645), all from LawPhil copies. The LRA site was opened; the PAO and DHSUD sites could not be opened by our checker.

Last correction: November 4, 2026 — added a quick answer, the Supreme Court decisions table (Castro, Jr. and Bernabe added to Midway), a deadlines table, a documents checklist, a fictional example, agency contacts and six more FAQs (three in Taglish); marked links outside the network nofollow; replaced the earlier “Sources rechecked” line with the sources-checked line above. The sources listed above were rechecked for this correction.

Featured image: AI-generated illustration, not a photo of a real property or person.

This guide is general legal information about leases and property sales in the Philippines, not legal advice on your particular lease or sale. CivilLaw.ph is not a government agency or law firm, does not represent you, and cannot guarantee any outcome. For advice on your situation, consult a lawyer or the Public Attorney’s Office.

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