Can I sell a rented apartment without the tenant’s consent?

Yes. A rented apartment can generally be sold without the tenant’s consent. The tenant does not have a general right to veto the sale. However, the existing tenancy agreement remains in place and is not automatically terminated by the sale. As a rule, the buyer takes over the rights and obligations of the previous landlord. This principle is known in Germany as “Kauf bricht nicht Miete”—the sale does not terminate the tenancy—and is set out in Section 566 of the German Civil Code (BGB).

Who takes over the tenancy agreement after the sale?

Once ownership has been transferred, the buyer generally assumes the role of landlord. They enter into the existing tenancy agreement and take over the associated rights and obligations. These include, for example, receiving rent, settling operating costs and returning the rental deposit when the tenancy ends. The buyer is generally bound by the terms already agreed in the tenancy agreement. The sale alone therefore does not give the buyer the right to terminate the agreement without further grounds or to change the rent arbitrarily.

When does a tenant have a right of first refusal?

A statutory right of first refusal may apply if a rented apartment was converted into condominium ownership after the tenancy began and is subsequently sold to a third party. This right does not automatically apply to every sale of a rented property. There are also exceptions, such as a sale to certain family members or members of the landlord’s household. If a right of first refusal exists, the tenant must be informed about the contents of the purchase agreement. The tenant can then decide within the statutory period whether to enter into the purchase agreement on the same terms.

Am I allowed to arrange viewings of a rented property?

Generally, yes, if there is a legitimate reason—for example, if the property is going to be sold. However, the tenant does not have to allow viewings at any time or without prior notice. Appointments should be announced in good time, coordinated with the tenant and limited to a reasonable number. When arranging viewings, the tenant’s privacy and legitimate interests must be respected. It is advisable to agree on fixed time windows, limit the number of appointments and inform the tenant about the process in advance. A respectful approach makes the sales process easier and helps avoid unnecessary disputes.

Selling a rented property: Rights, process & tips

The most important points

A rented apartment or a rented house can be an attractive investment. In a sale, however, the interests of owner, tenant and buyer converge. The existing lease, current rent level and future use all influence value and marketing. Those who create clear processes early build trust and avoid unnecessary delays. Here’s what to consider when selling a rented property.

Can I sell a rented property at all?

Yes. Owners can generally sell a rented property. The tenant’s consent is not required for this. However, the sale does not automatically change the existing lease. Under the legal principle “sale does not break rent” (Kauf bricht nicht Miete), the buyer assumes the landlord’s rights and obligations. For the buyer, that usually means taking over the tenancy with the agreed terms. A sale alone does not terminate the lease.

What happens to the lease when ownership changes?

When title transfers, the landlord’s rights and obligations pass to the buyer. Rent payments, security deposit, operating expenses and ongoing obligations must be handed over cleanly. It is therefore essential to provide the buyer with the full lease and any relevant addenda. Information about rent arrears, modernisations or ongoing disputes should also be disclosed transparently. A clear handover process protects all parties and makes later management easier.

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What role does the tenant play in viewings?

Tenants do not have to accept every spontaneous viewing. At the same time, the owner may arrange viewings for a legitimate reason—such as a planned sale—after giving reasonable notice. Appointments should be coordinated early and limited to what is necessary. Professional communication is especially important here. A well-prepared schedule, fixed points of contact and respectful conduct help protect tenants’ privacy while still enabling meaningful viewings.

Do tenants have a right of first refusal?

A statutory right of first refusal (Vorkaufsrecht) may exist in particular where rented residential units were converted into condominium ownership (WEG context) after being let to the tenant, and are then sold to a third party. It does not apply in every sale situation and not automatically to every tenancy. You should therefore check before marketing whether the conditions are met. If a right of first refusal exists, the tenant must be informed about the content of the purchase agreement and their option to exercise it.

How does being rented affect the sale price?

Price depends strongly on the target group. For investors, a reliable tenancy, good location and stable income can be attractive. Buyers intending to occupy the home themselves are often less interested if they cannot move in soon. Valuation therefore depends, among other things, on rent level, lease terms, condo fee (Hausgeld), maintenance needs, vacancy risk and local demand. A realistic pricing strategy appeals to the right buyers and prevents the property from staying on the market longer than necessary.

5 steps to a well-prepared sale

Compile documents: Lease, addenda, rent ledger, operating cost statements, energy certificate and property documents belong in a complete sales pack.
Review the tenancy: Clarify whether there are special terms such as stepped rent, waiver of termination or disputes.
Inform the tenant early: Explain the process, contacts and planned viewings openly.
Define the target group: Decide whether to market the property as an investment or—prospectively—for owner-occupation.
Document the handover: Regulate in the purchase agreement and at handover how the deposit, rent payments and documents will be transferred.

Personal support with coming home Sales

Selling a rented property requires sensitivity and a clear strategy. coming home Sales develops a suitable marketing approach for owners in Berlin and Brandenburg, checks the relevant documents and coordinates with interested parties and tenants. Have your property valued and discuss the next step with us.

This information is provided for general guidance only and does not replace individual legal advice. In the case of special tenancy arrangements or legal uncertainties, owners and tenants should consult a lawyer or another qualified professional.

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Sale of an apartment

Selling a rented property: What owners and tenants should know