Selling an Apartment with a Tenant: Rights and Restrictions (716)
Selling an apartment occupied by a tenant requires special attention.
In Israel, strict laws protect tenant rights, and violating these rules can lead to delays in the transaction or legal disputes.
This article explains the tenant’s rights, seller restrictions, and how to complete the sale safely.
Tenant Rights
- Active lease agreement
- The tenant has the right to remain in the apartment until the lease expires, unless otherwise agreed.
- The lease remains valid even after the ownership changes.
- Notice of sale
- The seller must notify the tenant about the sale.
- In some cases, the tenant may have a right of first refusal (if stipulated in the lease or by law).
- Lease renewal
- In certain cases, the tenant may request an extension of the lease.
- This depends on the type of lease (private, social housing, municipal lease, etc.).
Restrictions for the Seller
- Selling the apartment does not release the seller from obligations under the lease agreement.
- Violating tenant rights can lead to legal proceedings.
- Banks, if a mortgage exists, usually review the presence of tenants and associated risks.
Tips from Unehasim
- Before selling, confirm the lease term and conditions.
- Notify the tenant about the planned sale and discuss potential move-out arrangements.
- Consult a lawyer to ensure a safe sale while respecting tenant rights.
- If necessary, consider buying out the tenant before selling to a third party.
Following these guidelines allows you to sell the apartment safely, without disputes or legal risks.
Contact Unehasim Specialists
If you plan to sell an apartment in Haifa with a tenant, Unehasim specialists can help:
- Review the existing lease and tenant rights
- Notify the tenant and coordinate move-out terms
- Facilitate a safe sale while complying with all legal restrictions
- Minimize legal risks and expedite the transaction