My landlord wants to sell the apartment, what does that mean for me as a tenant?
May 29, 2022 | 55,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in rental law,
I am reaching out to you because I am currently in an unclear situation as a tenant of an apartment. My landlord has informed me that he wants to sell the apartment. This news has left me feeling very unsettled and worried about my living situation.
To provide some context: I have been living in the apartment for three years and have made it my home. This is where I have my life centered and I feel comfortable in my surroundings. Now, the sudden possibility of the apartment being sold has arisen, and I am wondering what this means for me as a tenant.
Currently, I do not have a specific timeline for the sale of the apartment. I do not know if I will be able to continue living in the apartment, if the new owner will want to keep me as a tenant, or if I may have to move out. This uncertainty is causing me a great deal of worry.
My question to you as an expert in rental law is: What are my rights and obligations as a tenant if my landlord wants to sell the apartment? What options do I have to secure my living situation or prepare for a possible move? Are there legal regulations that protect me as a tenant in this situation?
I would greatly appreciate it if you could answer these questions to provide me with clarity on my legal situation. I hope for your support and thank you in advance for your help.
Sincerely,
Claudia Herrmann
Dear Mrs. Herrmann,
Thank you for your inquiry regarding your situation as a tenant, whose landlord wants to sell the apartment. It is understandable that you are concerned about your living situation and are seeking clarity on your rights and responsibilities as a tenant. I would like to provide you with the necessary information to assist you in this uncertain situation.
First and foremost, it is important to know that the sale of a rented apartment does not automatically terminate the tenancy. This means that as a tenant, you can generally continue to stay in the apartment, even if a new owner acquires the property. Your lease remains in effect and the new owner assumes the rights and responsibilities of the previous landlord.
Regarding your rights and responsibilities as a tenant, I can inform you of the following: Your lease remains valid even after the sale of the apartment, and the new owner must abide by the contractual agreements. This means that, for example, he cannot easily increase the agreed rent and must continue to take care of the maintenance of the apartment.
Furthermore, as a tenant, you have a statutory right of first refusal if the landlord wants to sell the rented apartment. This means that you have the opportunity to purchase the apartment under the same conditions that the landlord wishes to sell it. This may be an option to secure your living situation in the long term.
However, if the new owner intends to use the apartment for their own purposes or carry out extensive modernization measures, he may, under certain conditions, terminate the tenancy. In this case, the statutory notice periods apply, which can vary depending on the duration of the tenancy.
It is advisable that you initiate a conversation with your landlord or the potential buyer early on to clarify any uncertainties and potentially find an amicable solution. If problems arise or your rights as a tenant are not being respected, you can seek assistance from a specialist lawyer in tenancy law to represent your interests.
Overall, it is important that you inform yourself about your rights as a tenant and seek legal advice if in doubt, to secure your living situation to the best of your ability. I hope this information is helpful to you and I am available for any further questions.
Yours sincerely,
Oliver Hentschel
Lawyer specializing in tenancy law
