We have been looking to buy a house for about two years now and think we found one that checks most of our boxes and are very excited about it. There is something I have no idea about though and trying to find more information.

**Issue**: The upstairs of the house is currently being rented.

We have met the owners and checked finances. We asked about the tenant and they said they didn’t want to give an official notice until it was for sure the house was being sold. But before signing any papers and really getting the ball rolling on the house, I want to know exactly the plan for the renter but can’t find all the info I am looking for.

**Not a problem**:

As the renter has lived there for about 10 years, I know that they legally can have nine months notice that the apartment is no longer available for rent. [[Source](https://www.mietrecht.com/kuendigung-mietvertrag/)]

**The problem**:

I can find TONS of information on tenants rights but not so much on the laws of being a landlord (even if only for a brief period.)

If we own the house and have a tenant for up to nine months, I am sure there a many laws and regulations that we need to be aware of and follow.

Examples:

* Tenant transfer paperwork
* Paperwork/Permits to legally be allowed to rent a living space
* Insurances
* Taxes
* Legal obligations to the tenant and their rented space
* and I’m sure many many other important things

​

**The ask:**

Does anyone have a link to the information for this situation? [German or English]

**Also:**

Any advice or other input is also welcome.

4 comments

  1. Just for my understanding: The house has multiple apartments and only one is currently rented to someone while the other(s) are or will be empty for you to move in? Citing “Eigenbedarf” to evict the tenant may be problematic then, since you could simply move into the empty apartment and live there. Definitely get a lawyer who specializes in this before doing anything and try to find out what you legal options are. The tenant is pretty likely to protest if you try to cancel his contract and the whole thing could go to court. If you could live in an empty apartment there without a problem he is also pretty likely to win, especially if he has lived there for 10 years already.

  3. Simply put, you can’t easily force him to move out. Get a lawyer and even then.. prepare to have a lifetime renter.

  4. Basically the same thing but in reverse is happening to me right now. You can totally evict them if you want to use both the lower and the upper floor for yourself. However, the renter can challenge this in court. If they want to, they can drag this out for months or even years (especially if they’re old and don’t have a lot of money) and you’ll pay a fortune in legal fees. Often, it’s cheaper to just give the renter 5k-10k€ if they move out by themselves.

    Definitely talk to a lawyer before you buy this house.

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