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How does the lease change when my apartment owner changes?

How does the lease change when my apartment owner changes? During the lease, the rented apartment may be sold or donated. This circumstance does not in itself mean that the rental of the apartment will end and the tenant will have to leave the rented apartment. However, some terms of rent may change. For example, the new landlord is not bound by the provisions of the contract that the tenant with the original owner of the flat has negotiated beyond the law.

Of course, the landlord has the right to sell or to donate for the duration of the lease. However, the sale or donation of an apartment does not expire and the landlord's rights and obligations pass to the new owner of the flat.

"If the tenancy is agreed for a fixed term, it will end on the date stated in the contract. Therefore, if it is not extended, "
explains Lukáš Zelený, head of the Legal Department of the consumer organization dTest.

If the rental contract continues, renting an apartment after termination of the lease may be terminated only by agreement and / or termination. However, there is a need for the termination of any of the noticeable reasons stated in the law. If the lessor has not negotiated a longer notice period, it shall be three months and shall run from the first day of the calendar month following the termination of the notice to the lessee. The landlord with the tenant must not negotiate less than the statutory three-month notice period.

"The landlord may also terminate the contract upon the change of ownership if the lessee does not live in the apartment, which is the result of the Civil Code and is confirmed by the courts. It is assumed that the tenant does not live in the apartment if he actually lives elsewhere and does not use the flat at all, or if only the sub-tenant lives in the flat, " says Zeleny, adding: " In such a case, the new landlord may give the tenant notice within three months of the moment, What he learned or could find out who is the tenant and that he does not live in the apartment. "

After the ownership change of the apartment, the landlords are not bound by the provisions of the contract that the tenant and the original landlord have negotiated beyond the law. It would only be binding if the new owner had a chance to learn about them. "The lease agreement can be entered in the land register. Then, the provisions of the contract beyond the scope of the new landlord's law will always be binding as they have the opportunity to get acquainted with the lease prior to the purchase of the apartment , " Zeleny explains.
Such provisions beyond the scope of the Act include, for example, the lessor's obligations beyond the implementation of statutory maintenance and repairs in the dwelling, the agreement given by the lessor with changes in the dwelling or the consent to sublease.


Source: tz, edited editorially



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