As a new owner, what can you do if there is a tenant already living in the house you bought?
You may encounter unexpected problems when buying a house, like having a resident tenant. It can be really annoying if you want to live in the house you bought and if you are thinking of moving as soon as possible…
When you buy a house, you are legally deemed to have accepted the agreement of the tenant living in it with the previous landlord. Laws protecting tenants make it clear that there are items to watch out for.
If you buy a house under a lease, there are certain procedures you must follow to evict the tenant. In case of any disagreement in this process, there are legal remedies available to both parties. Like going to the Civil Courts of Peace.
The Eviction Process as a New Landlord
As a new landlord, there are procedures you must follow if you want to evict the tenant.
If there is no annotation in the title deed based on the lease agreement, you must send a warning to the tenant within one month after the deed transfer. If the expiry of the lease deed is more than 6 months, the tenant must vacate the house within six months after the notice is received. However, if the tenant refuses to leave the house, you can seek eviction through litigation.
If you do not send a warning to the tenant residing in the house within one month after the title deed transfer, you will be deemed to have accepted the terms of the lease signed by the tenant with the previous landlord. In this case, if the tenant himself does not comply with the terms of the lease, he can be evicted earlier.
Agreement with the Tenant Living in the House You Have Purchased
If someone lives in the house you bought and there is a legal tenancy agreement, the tenant can refuse to leave the house. In fact, it is best to negotiate with the tenant before buying the house. This way, you can terminate the contract by mutual agreement and not have to wait for the tenant to leave the house.
If an indefinite-term contract has been signed with the tenant, the landlord’s rights come into play according to the Code of Obligations. Then, mutual agreement can be reached between the parties, and the process can also be resolved by legal means if necessary.
Reimbursement of the deposit that the tenant paid to the former landlord for security while holding the house is an important issue to be considered. This amount can be requested from the former home owner or the value can be deducted from when purchasing the home.
