We are renting an apartment and have a lease until June 28, for which we have paid in full. However, we are moving to chu”l on June 21. Our landlord has sold the apartment and the new owners are taking over on June 21. Does the landlord have to return the rent for the last week that we won’t be there and the apartment no longer belongs to him.

Answer:

If your lease continues until June 28, this means that the buyers of the apartment will need your permission to move in before then. Although the landlord can sell the house, the right to live there remains yours until the lease is over.

If your landlord told the buyers that they can move in on the 21st, this will be in breach, essentially, of the rental contract, and you’ll be able to demand a return of the money for these days.

However, if you said that you don’t mind if the buyers will move in on the 21st after you leave, then you might have “foregone” the right to these days of rental, and you won’t be able to demand the money back.

The situation might be a little unclear, because nothing was spoken out explicitly: Do you have a claim against the buyers (this is the basic claim, though the buyers might then have a claim against the landlord), the landlord, or none at all? It might be the best policy to bring up the issue and come to some compromise agreement.

Best wishes.

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