The Law of the Right of First Refusal for a Tenant
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Question
Does a tenant have the right of first refusal when they also want to purchase the apartment?
Answer
If the landlord-seller's apartment is also registered in the land registry under his wife's name, the right of first refusal does not apply. If not, the sale should be made to the first tenant. If it was sold to another, the later authorities are divided on this. In practice, in many cases, if the tenant is still in the house, he is considered to have possession and can dismiss the buyer.
Source
Shulchan Aruch, Choshen Mishpat, Siman 175, Seif 60; see also Shach, Sif Katan 61 and 65; Responsa Chatam Sofer, Yoreh De'ah, Siman 242; Responsa Lechem Ra'av, Siman 150; Teshuvot Perach Shoshan, Klal 6, Siman 1.
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