I SELL MY APARTMENT OR HOUSE WITH TENANT
You have decided or are considering selling your property and you have expressed doubts.
Early on rights your current tenant You may have that may impact or even stop the sale of your property.
The following about what the obligations shall be subrogated to the new owner After the sale, we will treat that in another article.
As for the tenant's rights there is no first differentiation when it comes to commercial premises or housing. The rights of tenants most commonly associated with buying a property are band the right of first refusalOr emption,and the legal redemption.
WHAT IS THE RIGHT pre-emption?
The right of first refusal or pre-emption is outlined in the Urban Leases Act and Article 25 refers to the right held by a tenant to gain access preferentially to the sale of the property under the same conditions in which the property plans to introduce on the market.
That is, it is a right that can be exercised up to 30 days after being informed irrefutably (ie, via burofax or similar) of sale and conditions.
The right of withdrawal is that by which, following the sale of property and up to 30 days thereafter, the tenant can claim the sale of the property for himself.
This is not in all cases but those in which;
- Either he was not properly informed of the sale of the property and its conditions
- Or, finally the sale is given for an amount less than offered in the first instance to the tenant.
WHEN ARE THE RIGHTS APPLICATION pre-emption?
Called old rental contracts, of which I already talk one day, contracts are underwritten so that the tenant has very few limitations on the use and enjoyment (usufruct) of the property.
In the contracts, ie were signed with a contract end date, we can distinguish two scenarios:
- Those tenants enjoy emption (or refusal) and right of withdrawal
- Those tenants who renounced emption (or refusal) and right of withdrawal
Before the reform of the LAU of June 4, 2013, these rights were inalienable and even if it were signed, it would not be valid.
But after this reform, tenants could have resigned such right by contract.
That means they have no preference over others in purchasing the property, but must report the sale at least 30 days before saleAnd irrefutably, anyway.
We must also point out that those homes or premises that are transmitted together with the remaining units or homes that are part of the same property, as a entire building, tenants will have no such rights.
Nor they can exercise their rights of first refusal on the property accessories like now a storeroom or a garage.
Always inform your tenants sale, They may be interested in buying the property and save you a lot of work.
Before making formal communications relevant to your tenant always check the contract for:
- Check the lease start date and therefore see whether it was or not, may waive these rights
- Search clause where explicitly declines or not, of such rights.
And Your tenant may be interested in acquiring the property, we recommend an exercise: "If I put money on the table ... How would sell it?"
Y offer it for the minimum for which you would be willing to sell the tenant.
That can save future problems if there is a real interest by the same in buying as the right of withdrawal it is supported on this course.
And of course, Inviertis offers for the sale of your propertyEither house, flat, apartment or premises with tenants.