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. In other words, you are the tenant, and you decide who should live 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 above-mentioned 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 be declared bankrupt so the tenancy is sold by the bankruptcy estate. The question is what is liable 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.
Many landlords set a deadline at three or twelve months’ notice because they misunderstand the Rent Act. Three months is instead being interpreted as the deadline for a tenant who wants to terminate the tenancy themselves. The deadline of termination only applies if the tenant decides to cancel the tenancy – besides occasions where the house is going to be razed to the ground or similar coincidences. Some landlords terminate their tenants with a twelve-month notice because they are allowed to do so under the Rent Act if the landlord himself wants to occupy the property. However, this is not the case, when the landlord intends 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.
Can I be terminated by the new landlord?
If your tenancy is being sold, the buyer of the tenancy is your new landlord. The landlord can terminate the tenancy if they want to live in the property themselves with twelve months’ notice. The termination must consist of a written notice twelve months after 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. The landlord may argue that the tenancy should be terminated. However, the buyer of the tenancy expects to have bought a house or apartment that he or she can move into the same day. As your termination was unjustified, you still have the right to live in your tenancy for twelve months.
In a situation like this, all three parties should engage in dialogue with each other to find the right t solution. As a tenant, you have two options. If the tenancy is terminated unjustly, you can opt for economic compensation or eviction well in advance. I this situation we advise you to seek legal counselling, so you can have as much compensation as possible and still get the utmost benefit out of the situation. However, if you do not want to go with this solution, you can insist on remaining in the tenancy, knowing your new landlord intends to live there and might terminate your tenancy 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. It’s because you are part of the sales trade that your original lease is still valid. As a tenant, it is your landlord’s responsibility to familiarize you with the type of lease you have. This is because your rights and obligations are the same regardless of who owns the property. Therefore you are not obligated to sign a new lease. However, it can be a smart idea to consider a new lease depending on what it 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.
In addition to this topic, you can get help with 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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