What happens if your landlord wants to sell the apartment or house you rent from him? Is he allowed to do that at all? And what are your rights as a tenant, if your landlord wants to sell your tenancy? Read below and get to know the most important rules and rights.
My landlord wants to sell the apartment I rent – is he allowed to?
The short answer is yes – your landlord is allowed to sell the house or apartment you rent from him. When you rent a tenancy – whether it’s a house or an apartment – you take over the right of use. It means that you as a tenant live in the tenancy and decide who should be there. You also get to decide if your landlord is allowed to have a key to your tenancy or not. Despite your right of use, the landlord of course still owns the tenancy and that’s why he is in he’s right to sell or hand over the tenancy.
The abovementioned action can happen in several ways. There may either be a sale through a real estate agent, the tenancy can be inherited, or the landlord can go bankrupt so the tenancy is sold by the bankruptcy estate. The question is what is going to happen with you as a tenant, if any of these scenarios become reality. There are clear rules in this area.
Can I be terminated in the tenancy because my landlord wants to sell it?
We have seen several occasions where tenants have been terminated by their landlord because the landlord wants to sell the tenancy. Some landlords give the tenant three months’ notice, while others give twelve months’ notice. None of these cases are ok. As a tenant you are actually a part of the sales trade.
The reason why some landlords set a deadline at three or twelve months’ notice is that they misinterpret the Rent Act The three months are being confused with the deadline for a tenant who wants to terminate the tenancy himself. The deadline of termination only applies if the tenant himself wants to terminate the tenancy – besides occasions where the house are going to be razed to the ground or similar coincidences. The reason why some landlords terminate their tenants with twelve months’ notice is that you according to the Rent Act are allowed to do that if the landlord himself wants to live in the tenancy. However this is not the case, when the landlord wants to sell the tenancy.
No – your landlord cannot terminate you because he wants to sell the tenancy. We see a lot of invalid terminations because of this. If you experience unjustified termination of your tenancy, we encourage you to seek for legal assistance, so you can get advice that suits your case.
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Can I be terminated by the new landlord?
If your tenancy are being sold, the buyer of the tenancy is your new landlord. He is allowed to terminate you with twelve months’ notice if he wants to live in the tenancy himself. The termination has to consist of a notice of termination on twelve months from the acquisition date.
Why should you get help from DIGURA?
Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.
If you are being terminated anyway, when your landlord sells the tenancy
It still happens that landlords terminate their tenants unjustified. Therefore you may get into a situation where your landlord argues to have you terminated, and the buyer of the tenancy of course expect to have bought a house or apartment, that he or she can move into the same date. You still have the right to live in the tenancy for twelve months because your termination is unjustified.
In a situation like this all three parties should engage in dialogue with each other to find the best solution. As a tenant you have two options. You can either go for an economic compensation for unjustified termination and eviction of the tenancy ahead of time. I this situation we advice you to seek legal counseling, so you can have as much compensation as possible and still get the best out of the situation. If you do not want to go with this solution, you can insist to stay in the tenancy knowing that your new landlord himself wants to live in the tenancy and therefor might terminate you with twelve months’ notice.
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Are we going to prepare a new lease when the tenancy is sold?
If your tenancy is sold and you get a new landlord, the new landlord cannot require that you sign a new lease. As mentioned earlier you are a part of the sales trade and that’s why your original lease is still valid. The responsibility for familiarize what type of lease you have as a tenant is on your new landlord because your rights and obligations are the same even though the tenancy got a new owner. Therefore you are not obligated to sign a new lease, though it can be a good idea to consider a new lease depending on what is says about your rights and obligations.
Get legal advice and avoid being deceived
This topic can be very complicated as a tenant. The above is to be seen as a general guidance and not as downright legal advice. We always recommend that you contact us to ensure that you get the proper necessary legal advice that is relevant for your specific case.
You can get help with this topic but also any other matters you may have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple thousands to 30-40,000 kroner. Imagine what else you could spend the money on.
Let us help you
At DIGURA we are always available and easy to reach, you have your own legal advisor, and best of all you only pay if we win your case. Therefore, it is risk free for you to get help from us.
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