What is a registered lease

Not yet registered owner - Can I give notice to tenants?

Dear questioner,

I am happy to answer your question as follows:

In order to transfer ownership of a piece of property, pursuant to Section 873 of the German Civil Code (BGB) the agreement of the person entitled and the other party on the occurrence of the legal change according to Article 925 of the German Civil Code and the entry of the legal change in the land register is required. Disposals of property are therefore made through agreement and registration.

According to the regulation of § 566 BGB & lpar; Purchase does not break rent & rpar; if the purchaser replaces the landlord with the sale, the rights and obligations arising from the rental relationship during the duration of his property are assumed. There is a sale in particular in the event of a sale. It is necessary for the purchaser to enter the rental agreement that the transfer of ownership has taken place, i.e. that agreement and entry have been made under & lpar; § 925 & rpar ;. The completion of the acquisition of rights takes place with the registration. A mere notice of conveyance & lpar; § 883 & rpar; is not sufficient to trigger the legal effects of § 566 BGB, i.e. the entry of the purchaser into the rental agreement. In this way, the registered owner cannot cancel or change the rental agreement before it is entered.
Against this background, despite the purchase made 4 months ago, you have no legal position vis-à-vis the tenant from which you can assert the rights of the owner, i.e. in particular a termination. In addition, the entry of your property in the land register is missing.

For the payment of the rent, the tenant is protected by § 566 e BGB to the effect that he can pay the previous landlord with discharging effect as long as the ownership has not yet passed to the purchaser. He also has this right if the landlord has already notified him of the sale. However, he can also pay the future owner if the previous landlord has notified him of the sale. But he doesn't have to. The future owner therefore has no claim against the tenant.

However, you have signed a contract with the previous owner, from which it should be clear when you are entitled to the rent. In the event of non-compliance, claims for damages against your contractual partner from the purchase contract are possible.