The Notice Of Intent To Sell Rental Property is a crucial document in German property law that must be issued before proceeding with the sale of rented property. This notice is mandated by German civil law (BGB) and serves to protect tenant rights while allowing property owners to exercise their right to sell. It must be used whenever a landlord intends to sell a rental property, whether residential or commercial, and is particularly important in cases where the property might be converted to condominiums. The document must include specific information about the property, the intended sale, and the tenant's rights, especially their right of first refusal (Vorkaufsrecht). It also needs to address the principle of 'sale does not break hire' (Kauf bricht nicht Miete), ensuring tenants understand their lease remains valid after any ownership change. Local regulations and social protection clauses may add additional requirements depending on the property's location and circumstances.
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1. Sender Details: Full name and address of the current property owner/landlord
2. Recipient Details: Full name and address of the tenant(s)
3. Date: Date of the notice
4. Property Identification: Complete address and description of the rental property being sold
5. Notice of Intent: Clear statement of intention to sell the property
6. Right of First Refusal Notice: Information about the tenant's legal right of first refusal (Vorkaufsrecht)
7. Continuation of Lease: Confirmation that the existing lease agreement remains valid under 搂 566 BGB
8. Contact Information: Details for further communication and questions
9. Signature: Landlord's signature and printed name
1. Condominium Conversion Notice: Required if the property is being converted to condominiums, explaining the conversion process and additional tenant rights
2. Local Authority Requirements: Include if the property is in a special preservation area (Erhaltungsgebiet) or requires specific local authority notifications
3. Timeline of Sale: Optional information about the intended timeline for the sale process
4. Proposed Purchase Price: May be included if already determined and if relevant for the right of first refusal
5. Social Hardship Considerations: Reference to social clause protections if applicable to the specific situation
1. Property Documentation: Current land register extract (Grundbuchauszug) and property details
2. Existing Lease Agreement: Copy of the current rental contract for reference
3. Property Valuation: If available, professional valuation report or proposed sale price documentation
4. Local Authority Certificates: Any required certificates or permissions from local authorities
5. Right of First Refusal Form: Standard form for tenant to exercise or waive their right of first refusal
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