You may encounter a tenant in the house you want to sell. In this article, we will examine how to proceed with the tenant as a landlord without making the tenant suffer.
If there is a tenant in the purchased house, how does the process work?
Many problems may arise with the house you bought, but if there is a tenant in the purchased house, it can also bring other problems. And this can be even more difficult for the homeowner who wants to settle in the purchased property immediately. When purchasing the house, you are accepting the agreement that the tenant living in the apartment you own has made with the previous landlord. According to the law, there are points that you should pay attention to due to the protection status of the tenants. Therefore, it will be beneficial for you to learn the tenant status in detail when purchasing a house. If the house is sold while there is a rental contract, that is, if the apartment with a tenant has been purchased, there are some procedures you must follow to get the tenant out of the house. The new landlord needs to act according to the law so that there is no conflict. If there is any dispute with the tenant, there are legal remedies for both parties. The parties can apply to the Civil Court of Peace due to the problems experienced.
Landlord’s Tenant Discharge Conditions
If the new flat owner wants to evict the tenant, he must follow some procedures. According to the law, the new landlord is required to send a warning to the tenant within one month after the title deed transfer, if there is no annotation in the title deed based on the lease agreement. If the expiry time of the lease agreement is longer than six months after the warning is made, the tenant must vacate the house within six months. If the tenant does not want to leave the house, he can be asked to evict through a lawsuit. If a warning is not sent within one month after the deed transaction is completed, the new flat owner accepts the terms of the lease contract of the person who gave the rent. If the tenant does not comply with the terms of the lease contract during this period, for example, if he does not pay the rent, which must be paid within a certain time, he can be evicted at an earlier time.
Agreement with a Newly Purchased Tenant
The tenant in the house you bought may not want to leave the house while there is a rental agreement. Before buying a house, it is one of the best ways to negotiate with the tenant living in the house. In this way, the lessee and the lessor can terminate the lease by agreement. In such a case, you do not have to wait for the tenant to leave the house. If the former flat owner and the tenant have made an indefinite contract, in such a case, the landlord’s rights come into play according to the Code of Obligations. At such times, the parties may enter into a mutual agreement, or the process may be resolved through legal means. If there is a tenant in the apartment to be purchased, the deposit, which is among the points to be considered, is the amount paid by the tenant to the owner of the apartment for the security deposit. In the case of the purchase of the house, this deposit should be taken from the owner of the former flat or this amount should be deducted from the value of the house.
What Does a Rental Agreement Mean?
A rental agreement is an agreement between the apartment owner and the tenant. Although it can be done verbally, a legal contract is applied because legal evidence is needed because of a problem that may arise. The lease agreement contains several important clauses for both parties. If the landlord is not satisfied with the tenants, they can customers high lifestyle appropriate specify the conditions under which they can evict, and the tenants know how long they can stay until the contract is renewed if they comply with the clauses in the contract.
Under What Circumstances Can the Landlord Terminate the Contract?
The flat owner may terminate the contract because of certain circumstances in the contract. The contract can be cancelled in the case of clauses that are inconsistent with the contract, which is mostly applied when there are some serious problems. If the articles and rental payment dates are not written in writing, no sanctions can be applied. The four items given below can be used by the flat owner to evict the tenant by imposing sanctions.
- The lessee acts outside the articles in the contract.
- Sale of the house to someone other than the tenant in the house.
- In case the tenant does not pay the rent on the date written in the contract.