By From writings of Harav Chaim Kohn shlita | |||
#322 |
Va'eschanan |
17.08.2016 |
N/A |
(Based on writings of Harav Chaim Kohn, shlita)
Q: I bought a house that is currently rented out. How does this impact the current tenant?
A: The tenant pays the rent to the new owner. If the renter prepaid a number of months’ rent to the original owner, he is not required to pay you again; you should collect it from the previous owner (C.M. 312:1, 13; Sma 312:22; Gra 312:7).One who buys, receives or inherits a rental property has the same responsibility to give the tenants notice as the original owner, since his rights are no greater than the former owner’s. If the lease was for a fixed time, you cannot evict the tenant during the term of the lease.
If the lease had no time frame and the landlord has an urgent need to sell, and the buyer refuses to buy unless the tenant leaves immediately, some say that the tenant can be told to leave without giving the required notice beforehand (Rav Akiva Eiger 312:13, citing Hagahos Maimonios, Sechirus 6:[7] and Radbaz 4:143).