Landlord trying to sell apartment I just rented

I signed a contract for my apartment in november and moved in on the 4th. The apartment is in Köln and my landlord stays in Berlin. I just recieved an email from my landlord saying that 3 potential buyers are interested in purchasing the flat at an unspecified "later date".

He has asked me to contact the 3 potential buyers to sort out separate viewings of the apartment over the weekend and show them around since he will not be there. I find it completely outrageous that not only did he not tell me he is trying to sell the apartment before I signed the contract; he is also expecting me to spend my weekend showing complete strangers around the apartment, my current home!!

I am not there to present his apartment for him. I am paying rent to live in the apartment. Am I in my rights to say "No, I will not spend my free time showing people around my apartment for your convience" and that I don't even want them in the apartment?

Tell him to engage a Makler to show these guys around. You're right, it is not your responsibility to show the apartment. Look at your lease, though, what it says about access and agents being transferred the owner's right to same. Something about "Zugang zur Wohnung", I don't have the exact text at my fingertips. You do have to grant access if the owner gives you a good reason.

He'll have a problem selling a rented apartment, I should think. Do you have a time-limited lease? The new owner might try to ease you out with a golden handshake. Your best bet is to contact the good old Mieterverein and ask them for advice.

Absolutely, you are 100% right. I say that you should not do it. I would expect (but don't know for sure) that the landlord has the right to have prospective buyers view the apartment, but only if he/she does iit and after agreeing specific times and arrangements with you (and that suit you). He/she cannot expect you to be there, or do the organising and showing around.

Best to first check what the landlord's actual legal rights are - start by looking at your rental agreement. Then get back to the landlord and very firmly say you will not do so. Best to avoid getting emotional, just be firm.

Problem is that I do not speak German yet so I don't think I can contact the Mieterverein. I am planning to learn after christmas but that is too late. My contract is also in German but I can stick that through Google Translater when I have the time.

A relocation company helped me find the apartment and verbally translated the contract in the presence of the landlord before I signed it. As far as I am aware, there is no time limit on the contract apart from 1 months notice when I want move out and no mention of what happens if he wants to sell the apartment. I know that he needs to give me 24 hours notice before he turns up at the apartment, but I don't know about prospective buyers and what happens to my contract if the apartment is sold.

I guess it depends on what the contract says, but if I refuse to move out or accept a new landlord, can I stop him selling the apartment or get some sort of golden handshake to ease me out?

*Edit

Also, I guess if I ask him to contact a Makler, they can show my apartment without me present? I also know he as a housekeeper near Köln, so if I refuse, he'll likely get the housekeeper to show the apartment to them.

Akira - rather than making assumptions you can click here to send the Cologne Mieterverein an e-mail (try writing in English and ask for a phone number of someone who speaks English).

I keep getting confused by OP's profile saying that she is in UK but writes she is "here" since 4th November... There again, I'm assuming OP is a "she"...

The same applies to the Cleaning lady and Makler.. They must have your permission/let you know 34hrs in advance
of any appointments.. German or not you need to goto the Mieterverine. I'm sure somebody there speaks English.

You can, but it wont do you a lot of good - Make sure you get hold of someone who can speak German.


Put simply, nothing happens. The new owners must take on your contract as is and have no special rights to cancel or change it
unless they want to live there themselves. Even then, proving "Eigenbedarf" is not as easy as it sounds.


He doesnt have to give 24hrs notice but then you dont have to let him in if its inconvenient. You can't blankly refuse to let him at all in but you can get him to arrange visits to suit you.


Not really, this is all stuff held down by law.


The current landlord has essentially no chance of removing you against your will. A new owner could try and claim "Eigenbedarf" (they want to live in the flat themselves) and refusing to move out could make life difficult for them, but they would then get you out (eventually). You being a tenant will reduce the price and ability to sell but you cant actually stop him selling if he finds a buyer. If he suggests he wants you out, of course you can suggest a "golden handshake". I would suggest he needs to pay the new Makler, a transport company and possibly any decoration needing doing in the new flat. Depending on the flat now, it might even be worth his while paiyng that.


Not unless you have explicitly agreed to that.


Again, if he tries that, that would be trespassing and you could even call the police to have thenm thrown out.

andy M

Important link in this context: Your landlord is only entitled to a key to your apartment with your consent. Even if he has a key with your consent and enters the rented premises without your approval he is commiting breaking and entry.

you can, they will probably find someone who can speak english, go there, it's 60eur/year that are very well spend.

Sounds like you definitely need the Mietverein, if this is the way your new landlord is trying to manipulate you already. Odds are, he's counting on you not knowing the law and not knowing how to educate or advocate for yourself.

The Toytown wiki says the Mietverein only speak german but I'll give them a try. I'll tell my landlord that I'm not there to present his apartment for him and he can contact a Makler if he wishes but I wish to be present during the viewing and the only weekend free I have is in January.

I would be very happy if I could get a golden handshake out of this situation. One of my workmates has a spare room in a much nicer apartment for cheaper that I can move straight into. But I do not have the time to present the apartment in the small hope that I can get a payoff to end my contract.

Then again, I work long hours during the week and he knows that so there's nothing stopping him just entering the apartment without me knowing while I'm at work unless I change the locks. Even if I do find out somehow, there'd be no way I could prove it.

If you don't really want to stay in the apartment, that kind of changes things. Maybe forget about the Mietverein and buy a security camera. Or rent a large, territorial dog.

Yeah, I was wondering about leaving the PC running with a web-camera, as well. As far as I'm aware, recording activity in the street outside your house or even your own driveway would not be admissible evidence, but in your own flat??? Might be a possibility.

Changing the locks is perhaps easier though.

Just one question, is this a big block of flats and the owner owns all of them and is trying to sell the whole building, or is it an Eigentumswohnung and there is a danger that the new owner could claim Eigenbedarf?

It occurs to me that if it's a big block of flats with a system key-set, then changing the locks could potentially get you into trouble since the Hausmeister or Verwaltung would no longer be able to access your flat in an emergency, which they are entitled to do (bust water pipes, fire, etc.).

If its an emergency, then they can call the police/fire dept. to break down the door. Of course the renter would be resp. to repair to damage.
Just because you might live in a block of flats with a master key system doesn't mean then can just come in. Nor is it an excuse to give the LL
a copy of the new key if you install a new lock.

Obviously they can't just come in because they feel like it, but in an emergency they can. I was Verwalter of 48 flats for five years in the late 90's, so I know what I'm talking about.

I admit that I haven't followed every detail change in the law since 1998, but I doubt that much has changed in this area.

The contraction LL is a new one on me, what do you mean there?

RMA, LL is landlord.

Also think about recontacting your relocation agency, they can likely deal with this for you.

Doesn't anyone watch "The Sting" anymore? Johnny (i.e. Robert Redford) puts a folded bit of paper between the door and the frame just above the floor when he leaves his room. When he comes back in the evening the paper is on the floor and the gunman is waiting for him inside. Johnny sees the paper and skedaddles.

See above, the landlord is not allowed to possess a key without your consent.

If your building is on a master key system, then somebody/company is deff. going to have the master key for all locks in the building.
You don't know how many copies of that key there are, and you don't know how strict those people are at giving them out to repair companies, etc.
I have personally had this prob. where the Housemeister gave the master key out without any approval from myself or the courts (Long story).

After that I changed my lock ASAP, and only I have the keys. If there is an emergency, then so be it. break the door down, and do what needs to be done.
I will be more than happy to pay to get the door replaced..

On a side note Master key systems can be cracked very easily.. The difference between your key and your neighbors (or the master key)
can only be a single key cut away.. There are websites out there that show you how to modify your key to work in your lock and others
in the same master key system. So be afraid.. Be very afraid..

I do not believe the landlord owns the whole block, but just my apartment that he is trying to sell. He has currently not told me when he intends to sell it or what is going to happen with my contract. I guess the landlord doesn't know since it depends on the buyer of the apartment.

I assume if he does sell it and the new owner wants me out, I am in my rights to sue my current landlord for selling the apartment?

Also, I've been speaking to a few work collegues about this matter, which is how I found out one of them has a free room for rent in a much nicer apartment for less. Since I wouldn't mind taking that offer, some form of golden handshake to end my contract would be the best outcome of this situation I believe. Would it be in my best interest to actually spend my time showing people around my apartment or should I still tell my landlord to get a Makler?

No. The landlord can do as he likes with his property. However, if he closed the lease with you while in sales negotiations with a potential purchaser who he knew wants to use the apartment himself he can make himself liable for all sort of damages: Agency fees, moving costs, higher rent until the end of a time-limited lease etc.

A new owner cannot kick you out immediately, no matter how urgently he says he needs the apartment. Don't panic, quietly look around for a new place to live and make a list of demands if it really does come to a sale.

No you have it wrong the landlord can sell if he wants - but having a sitting tenant makes it potentially complicated for him, and probably means that he will get less money for the apartment. Lsten to the advice given already by various contributors to this thread, and if you want to stay, then go to the mietverein - they know exactly how to handle this stuff. In general in Germany the law tends to side with the renter rather than the landlord, and landlords have difficulty in pushing tenants out. They may threaten, but it's usually power play, and you have lots of laws on your side.

If you don't want to stay, then just get out of there and forget the landlord and what he wants to do.

Back to your original question, you absolutely have no obligation to assist the landord in any way in selling the apartment, beyond at most providing access to potential viewers at times that suit you - you can decide if you want to be there or not. If you want to get out, maybe you could suggest to the landlord that you will assist with the viewings if he is willing to pay you to leave, and so easing his ability to sell the apartment, and getting you cash. If you do so, also get yourself out of any obligations to renovate ... i.e. get a guarantee form the landlord that you get your deposit back in full immediately. That seems like the "win win" solution to me.

This is a good suggestion, it's a situation that occurs quite often, because it is very difficult to evict unwilling tenants and an Eigentumswohnung is usually worth more if it not rented (different situation if it's an investor looking to buy a block of flats for rental).

The minimum is all the costs associated with relocation and 5 - 10 k€ is quite common.

Never thought of that. It's quite a good idea but I don't know how much compensation for moving out I can realistically ask for.

Even before I asked my landlord, he said that he would give me enough time to find an alternative apartment and pay for any real estate agent fees if he does sell but - without talking to me first - the relocation agent has talked him into waiting till I passed my 6 month probation period at work before he tries to sell the flat again since his advert for selling it ran out at the end of November.

I might suggest that if he gives me back my full deposit (only thing I've damaged in the flat is one cup when I washed it), pay the agency fees and my first months rent in the new apartment, I would be willing to keep the apartment spotless and present it for him and go out of my way to make appointments with the prospective buyers.

I'm paying 570€ a month just now and I intend to find a cheaper place, so I don't think that's too unreasonable.

Whatever you agree on, get it in writing and have a witness follow the negotiations and attend the signing.

Go for €5000 as the golden handshake. Having the apartment empty is going to be worth more than that to the seller. He might even be relieved that you're willing to go quietly. Germans tendo to fight tooth and nail about getting out

The problem can be summed up with one handy, easy to remember german sentence: Kauf bricht nicht Miete.

and § 566 BGB

Purchase is subject to existing leases

(1) If, after the lessee is given use of the leased residential space, it is disposed of by the lessor to a third party, then the acquirer, in place of the lessor, takes over the rights and duties that arise under the lease agreement during the period of his ownership.

(2) If the acquirer does not perform his duties, then the lessor is liable in the same way as a surety who has waived the defence of unexhausted remedies for the damage to be compensated for by the acquirer. If the lessee obtains knowledge of the passing of ownership by notification from the lessor, then the lessor is released from liability unless the lessee terminates the lease to the earliest date at which termination is allowed.

Bob, thanks for the cite. In this case at least, German property law follows the same principle of US and British law. Normally when you take title to land, it is subject to whatever encumberances exist at the time of the sale, be it a lease, an easement, etc.