Protocol Transferring the Rights to the new Landlord
- Buying an apartment in Israel
- Rights Check During Lease
Section 25(11) of the Lease Law simply states that:
“If the landlord has transferred his rights in the rented apartment to another under section 21 (b), he shall notify the tenant in writing, before the date on which he must hand over the apartment to the purchaser of the rights;
When a landlord sells the apartment during the rental period it is a dramatic and sensitive event and the parties must act with caution, lest they find themselves in disagreements.
I will mention a few elements that are worth paying attention to.
First, it is necessary to decide the date on which the rights of the landlord pass to the new purchaser. In this matter, the landlord does not need the consent of the tenant to sell the apartment, but he must inform the tenant about the date when he will be required to pay rent to the buyer of the apartment.
Second, there is a need to ensure a smooth transfer of rent from the previous landlord to the new landlord.
Third, it must be ensured that the collateral provided by the tenant to the old landlord will be transferred to the buyer, and will be returned to the tenant by the buyer.
Fourth, make sure all parties are up to date on the condition of the apartment at that time.
My advice is that the three parties involved in the transition will sign a kind of common protocol. In this document, the tenant, the outgoing landlord, and the incoming landlord will regulate all the issues on the agenda, as detailed above.
That is, the date on which the rights are transferred from the old landlord to the new, the transfer of collateral from the old landlord to the new, it is even possible to take a joint tour of the apartment regarding its condition and all three parties will sign the absence of mutual claims.