When buying real estate, especially residential or commercial property, always check if the previous owner has entered into a lease for the property and if the property has been handed over to the tenant. If the property is rented, check the lease imperatively. If you are buying an investment property to rent in the future, make sure the rent is up to your expectations. Also look at other conditions of the rental agreement, such as for example. B the duration of the lease – for example, a lease for a fixed number of years may not be appropriate. If the terms of your fixed-term rental agreement do not suit you and you do not need accommodation for your own residence. B let the seller enter into a new contract with the tenant that meets your needs. If he fails to do so, it may be advisable to try the nearest apartment while looking for a purchase. As soon as the property has been transferred to the lessee, the rights and obligations of the lessor of the lease are transferred to the new owner of the property, in accordance with the Debt Act. In other words, for example, if you have moved as a tenant into a rented apartment, the apartment is in your possession and the lease is automatically transferred to the new owner. If the new landlord wants to enter into a new lease with you after the purchase of the apartment, there is really no need to do so. For example, such a topic may be on the agenda if the new landlord wants to change the contractual terms for you – for example.B. to increase the rent.
If you do not want to enter into a new contract, the new owner of your apartment only has to accept the situation or terminate the lease. A rental contract of indefinite duration can normally be terminated with a period of 3 months. However, a fixed-term rental agreement can usually only be terminated for a good reason – for example, if the tenant is three months late. Thank you for your request. If a lessor changes the terms of a rental agreement and provides for a notice of modification in the rental terms, the notification is for the current tenants who entered into the original lease/lease. Until a new rental/lease enters, the “old” tenant remains liable under the original rental agreement. Regarding the risk involved, we cannot comment on your personal situation and recommend that you seek the advice of a qualified professional. Another way to exclude the possibility of such an offence is registration in the cadastre . . .