Apartment: Sale if rented out (own use)

  • Hello everyone,

    If you want to sell a rented apartment, to what extent is an existing tenancy a disadvantage for the buyer? If it is bought for personal use, the buyer can terminate the contract for personal use, right?

    If the apartment is seen as an investment, then a good tenancy is of course positive. But I am concerned with the case that someone is looking for an apartment for their own use.

    Thank you!

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  • Good morning,


    In principle, a vacant apartment is always worth more because the future buyer can decide for himself. Especially in the case of condominiums, there is often a desire to move in and the price per square meter is usually higher than for a capital investment.

    Owner-occupation is generally possible if the apartments were already shared before letting, otherwise there is protection against termination. However, many owner-occupiers deduct something from the purchase price, as an action for personal use in Germany is not always easy and can take a long time. Or they don't want to take the risk and go through the hassle at all and are therefore not interested.

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  • Please note the tenant's right of first refusal!

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    Mittfünfziger und gerade dabei, so langsam das Leben zu entschleunigen :) :)

  • Hello Andreas,

    This is a topic that is rarely easy to answer, as it depends on the circumstances.

    Basically, if the landlord rents out a condominium or has bought one, it is generally always possible to terminate the tenancy for personal use if there is a demonstrable need. The statutory notice periods, which depend on the duration of the existing tenancy, must be observed.

    It becomes difficult if the apartment has been converted from a rented apartment into a condominium while it was rented to the existing tenant, as blocking periods, some of which can be very long, then come into play.

    Greetings, Wolfgang

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  • Due to the housing shortage and the increasing number of tenant-friendly rulings, it may become increasingly difficult!

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    Gruß Ralf

    964 C2 Tiptronic Cabrio Bj 91 LMM 220

  • In my opinion, this depends on the use.

    Case 1 Own use: In this case, up to 2 years can pass before the own use can be implemented if the tenant is unwilling to move out. Not out of bad intentions, but because he can't find anything else.

    The buyer will deduct this from the purchase price.

    Case 2: rented property. The buyer will look at the rental yield of the property and assess it in relation to the purchase price.

    In this case, there are very often long-term tenancies that are rented below the current rental prices. However, the seller would have liked to achieve the top price on the market when selling. This gives rise to discussion if the buyer is buying as an investment. If he wants to move in himself, case 1 applies.

    Only in the case of sale to investors with the best current rental yield do I not see a discount in relation to a vacant property.

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