The let property is to be sold by private treaty. At the same time, foreclosure administration (Zwangsverwaltung) is ongoing. You receive rental information from the owner and want to know to whom future payments should be made and who is handling current matters. For this purchase, a routine handover meeting is not sufficient. The judicial procedural status and the planned acquisition process must be consistent.
Record the foreclosure administration as a separate matter
Section 148(2) ZVG describes that the seizure (Beschlagnahme) deprives the debtor of the administration and use of the property. Section 152 regulates the duties of the foreclosure administrator (Zwangsverwalter); a tenancy or lease already granted before the seizure is effective against him under paragraph 2. [VERWALTUNGSENTZUG] [VERWALTER]
Therefore, ensure that ownership, the administrator’s function and the persons acting for the sale are distinguished. The administration of the property does not by itself confer the authority to carry out every transaction required for the sale. Which person must make which declaration is a matter for legal advice.
Create a single up-to-date set of documents
Our editorial recommendation: collect the available procedural information and assign it to the specific property. Inform the notary explicitly about the ongoing foreclosure administration. Ask which court documents and up-to-date confirmations are required for the planned procedure.
For tenancies, arrears, ongoing works and accounts you also need a reconciled factual status. Do not pass on an older private rent schedule unexamined as a current administrative account. Indicate who provided a figure and the period to which it refers. The article does not verify any specific claim or liability to pay costs.
Do not infer termination from payment of the purchase price
Under section 161 ZVG the termination of the proceedings takes place by court order. The provision contains reasons for this and further cross-references. [AUFHEBUNG] A private announcement that the sale will "end everything" therefore does not describe the established procedural status.
Have it explained how the purchase price settlement, the proceedings and the takeover of ongoing administration are coordinated in the specific case. This article does not determine any automatic terminating effect of the purchase and does not set a blanket date from which rent would be due to you or should be paid to you.
Hypothetical case: two parties name different payment recipients
A buyer is told by the seller that the tenants should pay him from the agreed handover date. However, the ongoing administration shows a different position. He therefore wants to send new payment instructions himself before completion.
He first records the conflicting information and has the procedural status, contractual regulation and responsibility professionally reconciled. Only then can a correct, coordinated notification be prepared. The example does not contain any payment instruction and does not assume which recipient would be entitled in the specific case.
Prepare the takeover as a clarified transfer
Record as a result who will manage up to which confirmed status, which documents are still missing and who will organise the later handover of ongoing matters. Your purchase decision requires both a legally reviewed acquisition model and a comprehensible transfer of administration. The mere idea of a key date answers neither.