Selling a rented apartment: documents, tenants and price

By DDORF WOHNEN · Software development and editorial work. General information, not advice on your individual circumstances.

01Consider the rental agreement and sale separately

Selling a rented apartment does not automatically end the tenancy. Where § 566 BGB applies, the buyer takes over the rights and obligations of the existing agreement. Do not advertise vacant possession merely because the apartment is for sale. Clearly record the agreed rent, permitted use and actual occupancy status.

02Which documents are buyers interested in?

Compile the rental agreement and addenda, the actual net rent, documented payment statuses and details of the deposit. Complete the declaration of division, annual owners’ association budget, annual statement and relevant resolutions. Separate ownership costs from ongoing operating costs. Tenants' personal documents do not have to go unchecked in a public exposé: check which information is required for which recipient.

03Do not assert the right of first refusal across the board

§ 577 BGB concerns certain sales of rented housing where separate apartment ownership was established, or is to be established, after the dwelling was handed over to the tenant. Not every rented apartment automatically creates a right of first refusal. The timing of the handover and division, and the specific purchaser arrangements, must be checked. Coordinate the information and procedure with the notary.

04Make the asking price and yield understandable

Check not just the intended purchase price but the actual rent, costs, condition and existing obligations. A blanket percentage discount relative to a vacant apartment would not be a reliable individual valuation. Interested users can change their own assumptions in the rental-yield calculator. This calculation replaces neither an assessment of the tenancy nor a binding income forecast.

05Preparation in five steps

First, organise the tenancy and property documents. Then document actual income and the costs you bear, and clarify legal questions and disclosure duties. Prepare a factual property brochure stating the tenancy status, and coordinate the sale contract and transfer of documents and deposit. Arrange viewings transparently: a sale does not authorise unannounced entry.

06A rented house also needs documented information

For a rented house, also assemble clear tenancy agreements, income records and handover documents. Add information about the plot, outbuildings, garden, maintenance and agreed responsibilities. Check whether there are several tenancies or a condominium ownership structure; assumptions made for one flat should not be applied to an entire house without checking.

07Check termination protection after conversion to condominium ownership

For certain rented flats converted to condominium ownership and sold after the tenancy began, section 577a BGB may initially prevent termination for personal use or commercial exploitation. The standard period is three years from the sale; in areas designated by state regulation, it may be extended to up to ten years. The conditions in the law and the local regulation are decisive. A sale does not automatically entitle the buyer to require the tenant to leave immediately.

No legal or tax advice

General information and preparation assistance, not individual legal, tax or financing advice. No mediation or forwarding of inquiries through this site.

Next steps and background

Data sources

Official source · Our own calculation · Our own analysis · DDORF estimate → Methodology

Official sourceBGB §§ 566, 577Legal framework; no examination of the individual caseRetrieval 08.10.2026View source(opens new window)
Official sourceBGB § 577aRestrictions on termination after conversion to condominium ownershipAccessed 12 October 2026View source(opens new window)

As of 12.10.2026 · Legal information: 10/2026 · Source: DDORF WOHNEN editorial team