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Book 2 · Law of obligations  ›  Chapter 4 · Change of contractual parties › Section 566

Purchase is subject to existing leases

(1) If, after the leased residential space has been made available to the lessee for the latter’s use, it is alienated by the lessor to a third party, then the acquirer, in place of the lessor, accedes to the rights and duties that arise under the lease agreement during the period of their ownership.

(2) If the acquirer does not perform their duties, then the lessor is liable in the same way as a surety who has waived the defence of failure to pursue remedies for the damage for which the acquirer is to provide compensation. If the lessee obtains knowledge of the devolution of ownership by notification from the lessor, then the lessor is released from liability unless the lessee terminates the lease as per the earliest date at which termination is permissible.

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