selling the rented apartment
May 12, 2011 | 25,00 EUR | answered by Jan Wilking
Hello,
I have been renting an apartment with my boyfriend since 01.02.2007, both of us are listed in the rental agreement.
On 17.05.2010, our landlord informed us that he wants to sell the apartment we are renting. He offered us to buy the apartment, which we declined. On the same day, we hired a real estate agent to find a new apartment for us. Two days later, the agent called us to inform that he had spoken to our landlord and advised him to keep us as reliable tenants since the real estate market was very poor. At the same time, my boyfriend called our landlord and explained the situation again, receiving the assurance that everything would remain the same and we could stay in the rented apartment.
Subsequently, on 15.07.2010, my boyfriend wrote a letter to our landlord requesting him to confirm his statement in writing. However, we have not received a response until today.
On 10.05.2011, our landlord called me again to schedule an appointment over the phone for a real estate agent visit and to take photographs for online listing. I told him I would not do this over the phone in 5 minutes alone, and asked him to do it in writing taking into consideration both parties. I have been suffering from severe depression for 4 years, and the landlord is aware of this. In 2011, I attempted suicide. All of this is very burdensome for me. How should we proceed? Do we have to move out if we get a new owner or does the new owner have to take over the existing rental agreement? Please help us, I am very grateful in advance.
Best regards
Dear inquirer,
I am happy to answer your inquiry considering the description of your situation and your contribution as follows:
Even when selling a rented apartment, the lease agreement remains valid. Sale does not terminate the lease (§ 566 BGB). The buyer steps into the shoes of the previous landlord in the lease agreement. A new lease agreement does not need to be concluded.
While the tenant does have the obligation under the lease agreement to allow the landlord to view the apartment in the context of a planned sale, this obligation is limited and must be at reasonable times. A viewing without prior oral or written notice of the appointment is generally unreasonable. The viewing, unless otherwise stated in your lease agreement, should be announced at least 24 hours in advance and should take place on weekdays. The question of whether and when a viewing is reasonable depends on the individual case, how long the lease has been in effect, and what inconveniences for the tenant are associated with the viewing (see BVerfG judgment of January 16, 2004 - 1 BvR 2285/03), with the landlord also taking into account your illness.
Therefore, you do not have to move out, but should suggest a viewing appointment to the landlord in a timely manner after discussing with your friend, or agree to a date proposed by the landlord if it is reasonable. If you do not allow the landlord to view the apartment for the purpose of sale, you may be liable for damages.
I hope this provides you with a helpful initial orientation. If you have any doubts, please use the free inquiry function.
Please note that I cannot give a conclusive advice here as part of an initial consultation without knowing all the circumstances. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all the documents.
Best regards
