Selling a let condominium flat in Nuremberg: what to watch out for

The principle: the tenancy moves with the flat

When ownership passes, the buyer takes over the rights and obligations under the tenancy (§ 566 BGB). The tenancy continues unchanged — same rent, same notice period, same agreements. The tenant does not have to agree to the sale and is not asked.

What passes, passes in full: including the obligation to prepare the Nebenkostenabrechnung for the current billing period and responsibility for the deposit (Kaution). The buyer is liable to the tenant for repaying the deposit (§ 566a BGB) — even if they never received it from the seller. If the tenant cannot obtain the deposit from the buyer, the seller remains liable as well. The deposit must therefore be expressly dealt with in the purchase contract and actually transferred — not merely mentioned.

Right of first refusal: only after conversion

§ 577 BGB gives the tenant a right of first refusal (Vorkaufsrecht) if the flat was converted into condominium ownership **after** it was let to them and is now being sold for the first time. If the flat was already a condominium unit before, the rule does not apply. Nor does it apply to a sale to members of the seller’s family or household.

If the right applies, the tenant must be informed of the content of the purchase contract without delay. From that notification, they have two months to exercise the right — on the terms agreed with the third party. Failing to notify can give rise to a claim for damages.

In practice, this means the notary appointment is not the end. In these cases, there is a period between signing and completion during which the buyer does not know for certain whether they will get the flat.

The notice ban: the point that surprises buyers

If the flat was converted after it was let to the tenant, the buyer may only terminate for personal use (Eigenbedarf) or commercial exploitation after a waiting period has expired (§ 577a BGB). The basic statutory period is three years from the sale.

In areas with a tight housing market, the state government can extend this period. Nuremberg, Fürth and Erlangen are designated in the Bavarian Tenant Protection Ordinance, which was reissued with effect from 1 January 2026 and applies until the end of 2029. There, the waiting period is ten years from the sale. The other rules of the ordinance are covered under rent brake and cap on increases.

For the sale, this means: a prospective buyer who wants to move in must know the specific period before signing. Keeping quiet is not an option — and a buyer who discovers after the purchase that they cannot move in for years becomes a problem.

The manager’s consent and documents

If the declaration of division (Teilungserklärung) contains a restriction on sale under § 12 WEG, the sale requires the consent of the property manager in charge of WEG management. It may only be refused for good cause — in practice, for example, serious doubts about the buyer’s ability to pay — but without it the sale cannot be completed. Apply for it early, not the day before the notary appointment.

The buyer and their bank will also need:

The most important item is the resolutions register. A buyer steps into the existing body of resolutions: a façade refurbishment resolved two years ago but not yet carried out is their bill. If the register is incomplete, nobody can check that — and banks are reluctant to finance what cannot be checked.

The usual process

Sell or keep?

The honest calculation weighs three things: the price achievable today, the income from keeping the flat, and the state of repair of the owners’ association.

A sale makes sense if there is a large maintenance backlog and a thin reserve — then you sell an upcoming special levy along with the flat. Keeping it makes sense if the current rent is well below the local reference rent according to the rent index: that gap can be closed in steps within the cap, and each step permanently raises the income value — provided the adjustments are actually made through unit management (Sondereigentumsverwaltung).

Tax belongs in the same calculation: within ten years of purchase, a capital gain on let property is generally taxable (§ 23 EStG). That is a question for your tax adviser, not the property manager — but it should be asked before marketing, not afterwards.

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For the properties we manage, Ravenica provides the sale documents completely and at short notice — resolutions register, statements and reserve balance from the live records, not from the archive.