The Law of the Right of First Refusal for a Tenant

This question and answer were automatically translated using our trained AI and have not yet been reviewed by a qualified rabbi. Please treat this translation with caution.
go to original →

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.

Comments

Have an additional question on this topic or need clarification? Leave your comment below. (Please note that the comment will not be published but will be sent directly to the answering Rabbi for review and a private response)

Please sign up or log in to submit your comment

Become our patrners in supporting and spreading the Torah
Help us answer more questions faster and better
Join the mission
More questions in this category