Skip to main content

In the case of alienation of the leased property, which was previously leased to someone else, the acquirer of the property steps into the lessor’s position, and thereafter, rights and obligations from the lease arise between them and the lessee. The acquirer cannot demand that the lessee returns the property before the expiration of the agreed lease period, and if the duration of the lease is not determined by the contract or the law, then before the expiration of the notice period. The acquirer assumes the obligations from the lease towards the lessee as a joint debtor.

Unless otherwise agreed, the acquirer of the leased property has the right to receive the lease payment starting from the first subsequent period after acquiring the property, If the transferee accepts the acquired property in advance, he is obliged to transfer it to the lessor. From the moment he is informed of the alienation of the collected items, the lessor can only make the payment to the transferee.

When the object for which the lease agreement was concluded is delivered to the transferee instead of the lessee, the transferee steps into the lessor’s position and assumes his obligations towards the lessee if he was aware of the existence of the lease agreement at the time of concluding the alienation agreement. If the transferee was not aware of the existence of the lease agreement at the time of conclusion, he is not obliged to deliver the object to the lessee, and the lessee can only seek compensation for damages from the lessor. The transferor is jointly liable with the transferee for the transferee’s obligations arising from the lease.

When, as a result of the alienation of the collected items, the rights and obligations of the lessor pass to the transferee, the lessee can cancel the agreement in any case, respecting the statutory notice periods.