Transfer of lease agreement after purchase

  • Erstellt am 2015-11-14 16:14:42

Tego12

2015-11-26 22:44:07
  • #1
Without really having any legal knowledge:

Terminating for personal use after you have bought a house knowing that there is a tenant living there.... I hope for you that the tenants are not determined to stay, because with a termination for personal use you will 99% not get them out.

To what extent previously fixed written contracts between you and the tenant are legally sound, I don’t know, but I would also doubt it. The safest case would be if the current owner has contractually agreed this with the tenant and you take over this contract.

And don’t be so naive as to believe what the tenant tells you now, that they will do it after you have bought the house ;) Many have already been badly disappointed.

If not done already, I would get a brief legal consultation here.
 

nordanney

2015-11-26 22:53:21
  • #2
Personal use is personal use. Terminate and get the tenant out – there is no special treatment for the tenant in the situation described. Why should there be? It is a completely normal procedure.
 

Tego12

2015-11-26 23:00:12
  • #3
Personal use is personal use.... that there is almost never a clear black-and-white situation in the law, that should really be obvious to everyone.

The problem with this situation is that you buy a house knowing there is a tenant in it. This can lead to significant problems with a notice of termination for personal use, because you need a very good reason why the required living space is needed exactly there. Because of the prior knowledge that you are buying an already rented property, you now run into problems...

Just Google it yourself, you will come across thousands of cases, often with the result that a notice of termination for personal use has failed exactly in this case.

As I said, I am not a lawyer, but I can use Google, and once had a similar situation with a possible house purchase, and for that reason consulted a lawyer with the result of not buying the house... ;)
 

nordanney

2015-11-26 23:25:12
  • #4
The problem that you have someone in the apartment/house is normal - otherwise it wouldn’t be a notice for own use ;). By the way, this is the most common reason for ordinary termination. Problems only arise if a) own use cannot be proven or b) it would be unreasonable for the tenant to move out. These are reasons that can cause problems with any own use termination, regardless of whether it is a house purchase or another situation.

Otherwise - once again - it is "just" a notice for own use. There is always someone living in the apartment/house who has to be evicted. That is normal and it doesn’t matter whether you intentionally buy a house with a tenant living in it.
 

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