Attempts to improve positions in replacing renters
As stated, it is the right of a landlord to sell a rented apartment without obtaining the consent of the tenant, unless otherwise agreed.
But this action of the landlord does not mean that the terms of the lease agreement can be ‘changed’.
I emphasize this point because sometimes there is an attempt by the new buyer to take advantage of the situation, improve his standing and actually worsen the situation of the tenant.
But the tenant is in fact legally indifferent to the sale, and he should remain in his condition on the eve of the sale and not be harmed at all.
That the rule is that ‘no man can bestow on another more than what he has’.
The tenant must stand up for his rights and make sure he is not harmed.
It is recommended that the tenant act positively, so that he is not considered to be tacitly agreeing to a worsening of his condition.
And what did I mean? That over time, and certainly over the years, the tenant and the landlord develop a delicate give-and-take relationship.
For example, the tenant waives the strict enforcement of the contract against the landlord regarding repairs to the apartment. And the landlord for his part implicitly agrees in situations where the rent is paid late.
Or agree that in part of the apartment some business purpose (let’s say to teach yoga classes) will be activated. These agreements can be considered as part of the contract between the parties, which will bind the new buyer.
But the tenant is expected to notify the new purchaser in advance, otherwise, they will be considered as agreeing to tacit consent to waive it. In the language of the law, the new purchaser will establish a claim of prevention and silence.