Cal. Civ. Code § 223
Rights where property or lease is transferred
Operative Text
§ 223. Rights where property or lease is transferred. The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, or the heir or personal representative of either of them, has the same remedies, by entry, action or otherwise, for the nonperformance of any agreement contained in the assigned lease for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if the reversion had remained in him. A lessee of real property, his assignee or personal representative, has the same remedy against the lessor, his grantee or assignee, or the representative of either, for the breach of an agreement contained in the lease, that the lessee might have had against his immediate lessor, except a covenant against incumbrances or relating to the title or possession of the premises leased. This section applies as well to a grant or lease in fee, reserving rent, as to a lease for life or for years; but not to a deed of conveyance in fee, made before the ninth day of April, eighteen hundred and five, or after the fourteenth day of April, eighteen hundred and sixty.
Under N.Y. Real Prop. Law § 223, when ownership of a rental property or a lease is transferred—whether by sale, inheritance, assignment, or devise—the rights and remedies tied to that lease generally travel with it. A new owner or assignee of the landlord's interest steps into the original landlord's shoes and can enforce lease obligations, collect rent, and pursue claims for waste or forfeiture. Likewise, a tenant or the tenant's assignee retains the ability to hold the new owner or assignee accountable for breaches of the lease, with the notable exception of covenants concerning title or encumbrances on the property.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Law § 223 should understand that when they acquire leased property—through purchase, inheritance, or assignment—they generally inherit both the benefits and the burdens of existing leases. Compliant operators typically review all active leases at the time of acquisition to identify ongoing obligations, outstanding rent claims, and any conditions that could constitute waste or forfeiture. Documenting the transfer and notifying tenants of the new ownership interest are practices commonly associated with smooth transitions under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 223 preserves a tenant's right to enforce lease agreements even after the property changes hands—meaning a new landlord, buyer, or assignee generally cannot escape obligations the original landlord undertook in the lease. If a new owner fails to honor those lease terms, tenants generally have the same remedies available against the successor that they would have had against the original landlord, except for claims related to title or encumbrances. Tenants who believe a successor landlord has breached a lease obligation may explore options such as raising the breach as a defense in a housing proceeding, consulting a tenant-rights organization, or seeking guidance from a local housing court self-help center.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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