Reader question: Who fulfils my already signed tenancy agreement if the flat is sold before the handover?
Your German tenancy agreement has already been signed, but you have not yet taken possession of the flat. Now it is being sold, and the new owner side is supposed to hand over the keys. The familiar formula “purchase does not break rent” does not fully answer this chronological constellation. Before the handover, §567a BGB contains an additional requirement that should not be lost in the move-in planning. [BGB567a]
Distinguish handover from signature
§566 paragraph 1 concerns residential premises that have been disposed of after the handover to the tenant party. §567a governs the special situation beforehand. Therefore note when your contract was concluded, whether and when an actual handover took place and what the status of the disposal is. [BGB566][BGB567a]
A handover merely agreed for a later date is not an already occurred one. Where early access is granted only for individual works, the legal classification should be examined on the basis of the actual agreement. Do not replace unclear facts with a convenient assumption of dates.
Clarify the fulfilment of the obligations concretely
§567a links the corresponding legal consequence to the purchaser having assumed to the landlord the fulfilment of the obligations arising from the tenancy. [BGB567a]
Ask, therefore, for a comprehensible confirmation of how your existing contract will be handled in the processing. Who is to fulfil the handover owed under it? On what confirmed basis is this being done? It is not merely about the name of a person who will be present at the key appointment.
The precise agreement on assumption and its effect may require expert examination. Confidential purchase documents need not be distributed carelessly for that purpose; however, the basis decisive for your tenancy should be clarified in a robust manner. A blanket verbal reassurance does not automatically make it verifiable.
Take the existing contract as the benchmark
Compare the announced handover with your signed contract status: rooms, ancillary areas, promised fittings, commencement and remaining services to be performed. Another person processing the case must not cause remaining promises to go unnoticed.
If a new draft contract is attached, examine it as a possible change in its own right. Are only contact details really being updated or do price, duration or subject matter change at the same time? The article does not recommend an unexamined new commitment solely out of concern about otherwise losing the move-in.
A hypothetical handover appointment with a gap
A prospective tenant receives a key appointment after the sale. In the old contract, the completion of a specific room is additionally agreed. The new contact person is initially unaware of this provision. The tenant compiles the confirmed documents and has both the assumption of obligations and the concrete state of fulfilment clarified.
The mere fact that someone holds keys is not treated as a conclusive answer to all contractual obligations. Conversely, the contract is not regarded as moot solely because of the new owner person.
Close open points before dependent moving steps
Finally record who, on what basis, is the contractual partner or fulfilment contact, when the handover is to take place and which services remain outstanding. If statements do not agree, bring the contract and complete communications to advice in good time.
This contribution examines the sale before handover. Special cases of a charge, transfer of deposit, liability or delayed completion require additional examination. Its concrete benefit is a secured contractual and fulfilment basis for the move-in before further private moving steps depend on it.