What happens to me if my landlord wants to sell the apartment?
March 19, 2024 | 55,00 EUR | answered by Emma Richter
Dear lawyer specializing in tenancy law,
My name is Helma Wunderlich and I am reaching out to you with an urgent question. My landlord has informed me that he wants to sell the apartment that I am renting. This news has left me feeling very uncertain and worried about my living situation.
For background information: I have been living in this apartment for several years and have made it cozy and comfortable. I really feel at home here and have built a good relationship with my neighbors. Moving would be very stressful for me, both financially and emotionally.
So far, my landlord has not provided me with specific information about what will happen to me when the apartment is sold. Therefore, I would like to know from you what rights I have as a tenant in this situation. Do I have to vacate the apartment immediately after the sale, or do I have a right to a reasonable notice period? Can the new owner simply terminate my lease?
I am also wondering if I, as a tenant, have a right of first refusal in case the apartment is indeed sold. Are there any options for me to secure my living situation even after the sale of the apartment?
I thank you in advance for your assistance and hope for a prompt and clear response to my questions.
Best regards,
Helma Wunderlich
Dear Mrs. Wunderlich,
Thank you for your inquiry regarding the sale of the apartment you are renting. It is understandable that this situation is very stressful for you and brings uncertainties. As a tenant, however, you have certain rights that offer you protection in this situation.
First of all, it is important to know that the sale of the apartment itself does not have direct consequences on your tenancy. This means that the new owner is generally bound by the existing lease agreement and assumes the rights and obligations of the previous landlord. Therefore, you do not have to vacate the apartment immediately if it is sold.
However, according to § 573a BGB, the new owner has the possibility to terminate the tenancy with adherence to the statutory notice periods if they want to use the apartment themselves. In this case, the tenant has a right to a reasonable notice period, which is usually three to six months. The tenant then has the right to use the apartment during this period and to search for new accommodation.
In general, tenants do not have a right of first refusal in the case of the sale of a rental apartment. However, in certain cases, such as with social preservation ordinances, a tenant may have a right of first refusal. It is advisable to consult with a lawyer to determine this.
To secure your living situation after the sale of the apartment, you can negotiate with the new owner about extending the lease agreement. It is important that all agreements are documented in writing to avoid misunderstandings.
It is recommended that you consult with a lawyer specializing in tenancy law for any further questions or uncertainties to discuss your individual situation and potentially take legal action.
I hope this information is helpful to you and wish you all the best for your living situation.
Sincerely,
Emma Richter
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