What rights do I have as a tenant if my landlord wants to sell the apartment?
April 27, 2024 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
My name is Ella Höfer and I am a tenant in an apartment in a multi-family house. Recently, my landlord informed me that he wants to sell the apartment. I am now worried about my living situation and wondering what rights I have as a tenant in this situation.
My current situation is that I have been living in the apartment for several years and feel very comfortable here. I have decorated the apartment to my liking and love my home. The thought of possibly having to move out is causing me great anxiety.
The current situation is that my landlord is planning to sell the apartment and has already found interested buyers. I am concerned that the new owner may terminate my lease after purchasing the apartment or make other changes that could affect my living situation.
My concerns revolve mainly around whether I, as a tenant, have special rights in this case to protect myself from unwanted termination or other disadvantages. I would like to know what options I have to defend my interests as a tenant and secure my living situation.
Therefore, I am asking you as an expert in rental law: What rights do I have as a tenant if my landlord wants to sell the apartment? Are there any legal regulations that protect me from termination or provide other safeguards? What steps can I take to uphold my rights as a tenant and secure my living situation?
Thank you in advance for your help and support.
Sincerely,
Ella Höfer
Dear Ms. Höfer,
Thank you for your inquiry regarding your rights as a tenant when your landlord wants to sell the apartment. This situation can indeed be very concerning, and it is important that you know your rights and options as a tenant to secure your living situation.
First and foremost, it is important to know that the sale of the apartment itself does not automatically terminate the tenancy agreement. The tenancy agreement is transferred to the new owner upon the sale of the apartment, and they therefore assume the rights and responsibilities of the landlord. This means that as a tenant, you can generally continue to fulfill your lease agreement and have a right to the continuation of the tenancy.
However, there are exceptions in which the new owner can terminate the tenancy. Such termination is only possible under certain conditions, for example, if the new owner wants to use the apartment for themselves or for close relatives. In this case, the new owner must observe a reasonable notice period and comply with certain formal requirements.
It is important to know that tenants in Germany are legally protected from unwanted terminations. This means that a termination is only effective for specific reasons and in compliance with legal requirements. Therefore, if the new owner terminates without a valid reason, you as a tenant can take legal action and defend your rights in court.
To secure your living situation and protect your rights as a tenant, I recommend seeking legal advice early on. An experienced attorney specializing in tenancy law can help you review your rights, assist you in communication with the landlord or new owner, and take legal action if necessary to defend your interests.
In summary, as a tenant in this situation, you do have rights to secure your living situation and protect yourself from unwanted terminations. It is important that you inform yourself early on and take legal action if necessary to preserve your rights as a tenant.
I hope this information was helpful to you. If you have any further questions or need legal assistance, please do not hesitate to contact me.
Best regards,
Günther Schulz
