The significance of the sale of the apartment during the rental period
In case the landlord sold the apartment during the lease period, the new buyer gets into the landlord’s shoes for all intents and purposes. A kind of contract is created by virtue of the law.
Therefore, claims that the tenant has against the landlord are automatically transferred to the buyer of the apartment.
Although section 21 (b) of the Rent Law speaks of a transfer of rights, it is clear that this is a transfer of rights and obligations at the same time. This is of course also true with regard to the transfer of ‘rights’ of the tenant.
Suppose the landlord and tenant have orally agreed that the tenant will take care of the garden landscaping and the landlord will reduce the rent.
This consent proceeds automatically, and no action on the part of the tenant is required to anchor this consent. And in the language of section 21 of the Rent Law:
“(B) The landlord may confer his right on the apartment after (in this section – the purchaser); if so, the purchaser shall replace the landlord for the purposes of the lessor’s rights and obligations under the lease and by law, even if the purchaser did not know of the lease.
(C) A claim that the tenant has towards the landlord due to the fulfillment of charges that were imposed on the landlord before the completion of the purchase as stated in subsection (b), will also stand against the buyer. ”
But this matter is sometimes confusing.
Because sometimes the agreements between the tenant and the landlord who sold the apartment are agreements with a personal charge that goes beyond the lease.
It is therefore not clear whether the landlord who sold the apartment can so easily get out of the picture completely once he has sold the apartment.
Moreover, it is possible that the landlord who sold the apartment owes money to the tenant and when the day comes it will turn out that the buyer of the apartment does not have the ability to repay the debt.
It seems to me that the legislature has decided to balance the rights of the landlord and the tenant, even if that balance has a price.
Thus, the tenant can sleep peacefully even if in place of the landlord, a ‘new’ landlord comes, his rights, in general, will not be violated.
The landlord, on the other hand, can sleep peacefully and know that if he wants to sell the apartment, he will be able to do so even without being required to obtain the tenant’s consent.
And so, both sides come out half satisfied.
Or as my dear mother would say, when both sides are not happy then probably the compromise is good.