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Change of ownership
Tenancy agreement
Your home is changing hands and you are changing landlords. So there's no need to get upset, because when you take over ownership, your new landlord also acquires all existing tenancy agreements with all rights and obligations.
The new owners often wish to conclude equally new tenancy agreements. However, caution is advised here, as these new contracts usually only bring disadvantages for the tenant. You are also entitled to leave everything as it was contractually agreed with the old landlord.
Changes to the ancillary costs require your consent, and rent increases are subject to the relevant statutory provisions.
Rent payment
Incidentally, you only need to make rent payments to the landlord if the former landlord expressly informs you of this – stating the date – or if the new landlord identifies himself as such by means of an extract from the land register. Pay particular attention to the transfer date. In case of doubt, tenants can inspect the land register after submitting the tenancy agreement to the local court. Even in exceptional cases, e.g. if the new owner has received a written declaration of assignment from his predecessor, the tenant must be informed of this beforehand.
Cancellation due to personal use or conversion
Just like rent, termination is also subject to statutory provisions.
Personal use is probably the most common reason for termination. However, this is only possible if the landlord actually needs the accommodation for himself, a family member or a person belonging to the household.
There is no personal use if
- the reasons for this are pretextual and the termination is merely a retaliatory response to disputes, for example about defects or operating costs.
- the landlord could move into a vacant, equivalent flat in the building; at the very least, he must offer the terminated tenants this flat in exchange.
- the need for personal use already existed or was foreseeable when the contract was concluded with the tenant.
- the flat is only needed as a second home in the short term.
- the justification is obviously unreasonable if the landlord's mother, who is unable to walk, is supposed to move to the fifth floor of a house without a lift and with a coal stove.
The notice period must of course always be observed.
In the event of a conversion from a rental flat to a condominium, the buyer is subject to a cancellation block of three years, starting from the date of entry in the land register. The tenant has the right of first refusal, which he can assert within two months of becoming aware of the purchase agreement.
Realisation cancellation
If the landlord is prevented from making appropriate economic use of the property by the continuation of the tenancy and suffers considerable disadvantages as a result, he may terminate the tenancy.
Typical examples are:
- The landlord has to sell the property for economic reasons, but the sale is practically impossible because it is rented out. The prospective buyers are only interested in the vacated flat because they want to move in themselves. If at all, the house could only be sold for half of its value.
- The planned refurbishment can also serve as a justification here. If the landlord gives notice because he wants to completely refurbish the flat, if the refurbishment is economically necessary and if it is necessary to vacate the entire rented property to do so, then termination for realisation can be considered.
Modernisation
Old buildings in particular often change hands because the old owner is not in a position to ensure proper maintenance.
Modernisation measures such as the installation of bathrooms, heating systems, new windows, etc. must be tolerated by tenants, even if this entails a subsequent rent increase. However, there are rights of objection and special cancellation.
It is important to distinguish between modernisation and maintenance measures. Necessary repairs and maintenance are the sole responsibility of the owner and cannot be imposed on the tenant in the form of a rent increase.