Once the property has been transferred to the tenant, the rights and obligations of the leaseholder are transferred to the new owner of the property under the law of the obligation. This means that if you. B have moved into a rented apartment as a tenant, the apartment is in your possession and the rental agreement is automatically transferred to the new owner. If the new owner wants to enter into a new lease with you after the purchase of the apartment, it is really not necessary. Such a topic may be on the agenda, for example, if the new owner wants to change the terms of the contract for you – for example. B, to increase the rent. If you do not wish to enter into a new contract, the new owner of your apartment only has to accept the situation or terminate the lease. As a general rule, an open lease can be terminated with 3 months` notice. However, a fixed-term lease can only be terminated for a good reason – for example, if the tenant pays the rent for three months of delay. Keep your tenant informed of changes to the property or property management with the notice of change/administration. Many of us live in rental housing, and real estate investments are often made specifically for rent. But what happens to the lease if the owner of the property changes? What should the tenant, seller of the property and buyer of the property know? In this article, we will take a look at these issues within the framework of Estonian legislation. To date, there has been controversy in the legal doctrine as to whether this legal consequence applies even when the lease is concluded, but the lease has not yet begun and the tenant has not yet moved into the leased property.

The Bundesgerichtshof has just resolved this issue in its decision BGer 4A_393/2018 of 20 February 2019 upholding the decision of the Zurich Commercial Court HG160080-O of 15 May 2018 (Altenburger AG rechts – steuerlich as a representative of one of the parties to the proceedings). The Supreme Court held that, according to the wording of Article 261 of Swiss Bond Law, a lease agreement must not have commenced and that the conclusion of the lease is sufficient for the transfer of the lease to a new owner. In the right to rent, the principle is that, in the case of a land sale, a lease agreement is usually transferred to the purchaser of the rental property. In practice, this provision is generally unchallenged, as the interests of the parties are coordinated: an investor wishes to acquire the most laudable property possible and the tenant wishes to continue to use the premises he rents independently of the person of the owner, even after the transfer of ownership.