Search form

menu menu

Landlord selling apartment - legal protections?

Question

Dear all,

Our landlord has just told me that he wants to sell our apartment. He has told us this before but previously said in September 2017, not now. We have our contract with him until August 2017.

The email he has sent basically says:
- the buyer will likely want the apartment empty when they move in
- he has asked us to keep the apartment in "perfect order and super clean for visits", whilst also saying that "in the last months I've seen the apartment in a very poor condition"... we clearly have different standards. I fully expect him to try and rip us off, but that's a different matter

What legal protections do we have about being kicked out when a new buyer takes over? Does the new buyer have to keep us until the original contract runs out, or is that then null and void? Do I have a legal requirement to keep the place in a 'perfect condition' for viewings? Does he have to give advance notice of viewings?

I must admit I'm also pretty annoyed about him saying that we don't keep the apartment in a great condition, especially as there have been numerous problems with the flat including a dishwasher that doesn't work for 6 months, wiring in the lights which kept tripping and the electrician saying it was a death trap, and last and not least the poor toilet plumbing which has resulted in our bathroom being covered in sewerage from the block TWICE. Rant over!

becasse

The contract won't have been registered because the it was originally concluded for a period of less than 3 years and registration was not required. The landlord almost certainly doesn't realise that it has become a standard contract and therefore needs to be registered. However, I doubt, in the circumstances, that this means you can just walk away from your responsibility to give due notice and pay a one month penalty. If it were to go to court the "judge" is likely to take a common sense point of view. You have gained some benefit from the situation because you can get out before August with only a small penalty and so trying to take further advantage of a legal technicality might be viewed as going too far. Remember, you had the opportunity to get out without any penalty as recently as last August. However, it might make a point of negotiation with your landlord to avoid paying the one month penalty.

I certainly wouldn't rely on advice from a rental agency. If you want further advice ask a notaire.

Jan 29, 2017 21:47

Pages