The Sale of the Apartment in the Middle of the Rental Period
- Buying an apartment in Israel
- Rights Check During Lease
Sometimes a tenant is surprised that within the rental period ‘suddenly’ a new landlord falls on him. He sleeps knowing he has one landlord and wakes up to find that he has another landlord. It turns out after the fact that the landlord sold his rights in the apartment, without sharing the news with the tenant. In quite a few cases, the landlord informs the tenant that he intends to sell the apartment, and he seeks cooperation with the tenant in the act of presenting the apartment to potential buyers.
The tenant cooperates with no choice, and he is in an unpleasant situation. He has to show the apartment many times even though he has no profit from it. The landlord expects to see the apartment in good faith, tidy and clean, and of course will praise the apartment to all who see it. On the other hand, the potential buyer wants to delve deeper and accept all the ‘gossip’ about defects in the apartment, and who is more of an expert than the tenant.
This action of selling the apartment is legal and therefore possible unless expressly excluded in the lease agreement.
The law allows the landlord to sell the apartment, without the need to obtain the tenant’s permission. Due to the great damage that may be caused to the landlord, a clause that denies the landlord this option rarely appears in the contract. Moreover, even if this restriction was written in the lease agreement, the owner selling the apartment may be considered a breach of the lease agreement, and may even be in breach of the sale agreement between him and the buyer of the apartment, but still, this does not mean that the owner’s right check is not invalid.
Section 21 of the Rent and Lending Act provides:
“(B) The landlord may confer his right in the apartment after (in this section – the purchaser); if so, the purchaser shall replace the landlord for the purposes of the landlord’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 would have been imposed on the landlord before the completion of the purchase as stated in subsection (b), will also stand against the buyer. ”
It is interesting that the landlord’s right to sell the apartment is an exceptional right to the general principle that a debt check is possible only with the consent of the creditor. In other words, this right of the landlord is an exception to the principle that a check of debts that the landlord has towards the tenant is possible only with the
consent of the tenant. Section 1 of the Debit Check Law provides:
“(A) The right of a creditor, including a conditional right or future right, may be transferred without the consent of the debtor, unless its offense has been denied or limited by law, by the nature of the right or by an agreement between the debtor and the creditor.
(B) Or some of it, and maybe conditional or on a bondage basis. ”
This leaves precipitation. The tenant is offended, angry.
The new buyer does not get a hold of the apartment when it is empty, but with a tenant.
Therefore, it is difficult for him to estimate the physical condition of the apartment and the maintenance of the apartment.
In most cases, the exchange between them and the conduct during the negotiations is difficult and makes it difficult for the old and new landlord to move smoothly.