Selling a tenanted apartment in Berlin
'Purchase does not break tenancy' – this principle governs the sale of a tenanted apartment. The buyer takes over the existing tenancy agreement unchanged. This limits the circle of potential buyers and affects the price, but by no means makes the sale difficult if one knows the rules. Especially in Berlin, this is an everyday issue.
Purchase does not break tenancy
According to § 566 BGB, the buyer steps into the existing tenancy agreement. Rent amount, protection against termination, and all agreements remain unchanged. The tenant does not have to agree to the sale and does not have to move out due to the change of ownership. This is the most important point for many sellers.
Tenanted or vacant possession – the price difference
Vacant possession apartments in Berlin regularly fetch higher prices because they are also suitable for owner-occupiers. Tenanted apartments primarily appeal to investors and are often traded at a discount. The extent of this discount depends on the rent level, location, and tenancy agreement.
Tenant's right of pre-emption
If the apartment was converted into condominium ownership only during the tenancy, the tenant has a right of pre-emption according to § 577 BGB. They may then purchase under the same terms you have agreed with a third party. The notary informs the tenant after notarisation; from receipt, they have two months to exercise this right.
Termination due to owner-occupation
Generally, the buyer can only terminate the tenancy due to legitimate owner-occupation – and this is subject to strict rules and long notice periods in Berlin. In areas with a conversion prohibition and for converted apartments, additional termination prohibition periods of up to ten years apply. Therefore, never promise a buyer quick owner-occupation.
These documents are important for tenanted apartments
For investors, the tenancy agreement, the current rent level, the security deposit, the service charge statements, and any potential for rent increases are crucial. We meticulously prepare these key figures so that buyers can quickly calculate their return.
How we sell tenanted apartments
We specifically target investors from our network, organise viewings with consideration for the tenant, clarify the right of pre-emption thoroughly through the notary, and present the yield figures in such a way that your property achieves its fair price.
Vermeiden
Mistakes when selling tenanted apartments
Promising quick owner-occupation
Termination prohibition periods and strict protection against termination often make this impossible. False promises lead to disputes and failed contracts.
Overlooking the right of pre-emption
For converted apartments, the tenant has a right of pre-emption. If it is not observed, claims for damages are imminent.
Incomplete tenancy documents
Without a tenancy agreement, service charge statement, and proof of security deposit, investors cannot calculate their return – the sale stalls.
Viewings without consideration
Tenants only have to tolerate viewings to a reasonable extent. Those who overwhelm them risk obstructions.
Frequently asked questions
Selling a Rented Flat
We find the right investor.
We prepare the key earnings figures and specifically target capital investors – respectfully towards your tenant.