New rental agreement after change of ownership
September 2, 2009 | 30,00 EUR | answered by Andreas Scholz
Hello,
my mother has been living in an apartment for over 10 years, whose owners have been wanting to sell the apartment for ages, which they finally managed to do.
This has led to a long back and forth, in which my mother was constantly involved. Emergency contact numbers of my mother were passed on to the new owner without her consent.
About 2 weeks ago, she was informed that the change of ownership had taken place. As a result, the old owner, uninvited, met with the new owner and my mother. (Originally, my mother wanted to talk to the old owner alone)
They overwhelmed and persuaded my mother to the point where she signed a new contract that includes higher additional costs, which she actually doesn't have to pay!
Now my question is: Can we revoke the contract?
Is it even permissible to overwhelm my mother (who is now of an older age) in such a way?
Shouldn't my mother be informed that she actually doesn't have to sign it?
I would also like to provide my mother with tenant protection. Could you recommend a reputable organization for this?
The thing is, my mother lives 200 km away from us and we can't always be there right away. Therefore, I would like someone on site who can competently help her.
Thank you in advance for your efforts!
Best regards,
Claudia Klein (maiden name Gröschner)
Dear inquirer,
first of all, it is correct that your mother did not have to sign this contract. Section 566 of the German Civil Code (Kauf bricht nicht Miete) states that the new owner assumes the obligations and rights of the old rental agreement.
However, it should be noted that the landlord can adjust the advance payments for utilities if necessary, according to Section 556 (2) BGB.
If a new rental agreement was indeed concluded, the question arises of how the old tenancy was terminated. This could have been done either by termination or by a termination agreement. You should find out about this, as it may have an impact on how your mother can defend herself against the conclusion of the new contract.
In principle, your mother can contest the declarations of intent aimed at concluding the new rental agreement, according to Section 138 (2) BGB.
It is also possible to apply withdrawal rights based on the principles of consumer protection in door-to-door transactions. The key factor here is the "overwhelming factor" and its exploitation in the conclusion of the new contract. Of course, the situation at the time of contract conclusion plays a significant role. However, it is essential that the contracting party of the new rental agreement is a business within the meaning of Section 14 BGB. If the house was purchased privately, withdrawal based on the principles of door-to-door transactions is not applicable.
Your mother would have to declare the contestation and, if applicable, withdrawal to the contracting party of the new rental agreement.
As a competent authority in tenant legal protection matters, I can recommend any local tenant association, which will also have a branch near you. You can confidently turn to them with the same trust as to a lawyer and explain the situation in detail.
I hope I have been able to provide you with a first legal orientation. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
