When the owner changes,
what happens to your lease and deposit?

THE SHORT ANSWER

Start with these three points.

1. 01

   A lease protected against third parties carries over to the new owner.

   If the owner changes after the tenant has gained protection against third parties through possession of the home and resident registration, the buyer succeeds to the landlord’s position under Article 3(4) of the Housing Lease Protection Act.

2. 02

   The existing term, deposit and rent do not automatically become new terms.

   A sale alone does not end the lease or force you to enter a new one. Because the existing landlord–tenant relationship carries over, the ownership change itself does not automatically alter the agreed terms.

3. 03

   The obligation to return the deposit generally transfers to the new landlord too.

   The Supreme Court’s general position is that, when the landlord’s position transfers, the deposit repayment obligation also passes to the new owner and the previous landlord’s obligation is extinguished. There is, however, a case concerning a transfer after the lease had ended while the deposit remained unpaid: if the tenant objects to the succession within a reasonable time after learning of the transfer, the previous landlord’s repayment obligation may remain (Supreme Court case 2001Da64615). The timing and content of the objection, as well as subsequent conduct, matter. If you wish to object, obtain individual legal advice promptly rather than assume this narrow exception applies to every sale.

The key assumption: This explanation focuses on an ordinary sale where the tenant has taken possession, maintained resident registration and obtained protection against third parties. A court auction or public sale, and the effect of earlier-ranking rights, require separate assessment of distribution priorities and whether rights survive.

THE LEGAL BRIDGE

Protection against third parties matters when enforcing your lease against a new landlord.

WHAT STAYS, WHAT TO CHECK

Separate the terms that continue from the details you need to verify.

A rent increase is a separate issue. Rent does not automatically rise simply because the owner changes. Any rent adjustment requires a separate look at the grounds, caps and timing restrictions under Article 7 of the Housing Lease Protection Act, as well as agreement between the parties or an appropriate dispute-resolution process.

PRACTICAL CHECKLIST

If you are told the owner has changed, work through these checks.

1. Ownership

   Check the transfer in a current property registration certificate

   Obtain a fresh certificate and check its ownership section for the owner and transfer date. Do not rely only on the copy you saw when you signed the lease.

2. Keep protection

   Check continued possession and your registered address

   Confirm that you still possess the home and that the address remains registered. Changing your registered address away from the property without checking the consequences may put protection against third parties at risk.

3. Contact details

   Keep written evidence of the new landlord’s identity and notice

   Confirm the name, contact details, postal address and ownership transfer. Store the notice or messages with your lease.

4. Rent payments

   Verify the account holder and authority to receive payment

   Do not respond to an urgent third-party request for a transfer before verification. Keep both the change instructions and payment records.

5. End of lease

   Coordinate the deposit refund with returning the home and keys

   Agree in writing with the current landlord on the refund amount, utility settlement and key-handover time. If the lease has ended and you must move before receiving your deposit, consider a leasehold registration order. Applying is not enough: to preserve existing protection against third parties and preferential repayment rights, confirm that the leasehold registration has actually been completed in the property register before you give up possession or the registered address.