2023-08-03 07:13:14
Thursday, August 3, 2023, 07:13
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It is not possible to kick out a tenant to sell a flat, which, however, does not prevent the property from being put on the market. If you have rented a home and now you need it or if the disparity between a capped rent and a rising Euribor prevents it from “paying itself”, watch out for conditions that you could sell it.
The fundamental thing in these cases is to know that the Urban Leasing Law (LAU) protects the tenant from any sudden change of opinion of the landlord, preventing him from being evicted while his rental contract is in force. This means that whoever buys the apartment does so with the obligation to respect (subrogate) that prior agreement. Be careful, because it does not matter if there is a clause in the rental contract that invalidates it in case of sale of the property. Even if there were, it would be considered null because it harms the rights of the tenant. In addition, although he does not have to give us any type of authorization, the Law does require that he be informed of the release on the market of what, after all, is his residence. This notification must be in writing and in it you must indicate the price for which it is put up for sale and the date you plan to do so.
Therefore, unless there is a justified cause (such as non-payment of said rent) the tenant may exhaust the remaining time of the contract. Here is an important nuance. These times varied in 2019 with the approval of the LAU. Between individuals, the minimum period for which a lease can be signed went from three to five years, but if the contract is prior to the entry into force of the Law, the new owner would not be obliged to comply with the mandatory extensions and could extinguish the arrendment.
There is only Two ways to avoid that wait. The first is to introduce a clause in the contract that makes it possible to recover the home out of necessity. In other words, for the owner or a first-degree relative to use it. The second is to negotiate with the tenant for early departure in exchange for compensation. The most common in these cases is to cover the expenses generated by the move and the deposit that you will have to give in your new rental.
Purchase preference
On the other hand, unless the tenant expressly waives this right in the contract, he is the one who has preference in the purchase. We have already said that he must be informed in writing of the conditions under which the apartment is put up for public sale. Given the possible implications of this step, it is recommended to send a burofax, which allows us to have an acknowledgment of receipt. If indeed the tenant has that preference, he has 30 calendar days to respond to our sales proposal and another 180 to exercise his right to purchase. If we do not respect this preference or if we put the apartment up for sale under conditions different from those we have given it, it may cancel the sale to a third party.
If you do not exercise it (or do not have it) the owner can publicly put the property up for sale. But you have to know that it is very likely that you will have to do it facing two problems. The first is that the inescapable obligation to stay with the tenant can condition the price. Those interested in the position must be informed of the existence of a rental and may request information on the reliability of the tenant to take it into account when making their decision. While there will be those who want the property as an investment and understand, therefore, that having a good tenant to start with is an advantage, others may want it to establish their own domicile and argue that the obligation to respect the contract well deserves a reduction. Be careful, because the preference of the tenant is maintained, so if we reduce the sale price we must notify him so that he can make a decision according to the new conditions of sale.
And the second, that the visits to show the apartment will be conditioned by the tenant. That apartment is his residence and, therefore, it is inviolable. No one can enter it without his permission and he is not obliged to allow such visits. Again, this right outweighs what you can put in the contract about these visits. If the treatment between both parties is cordial, there will be no major problem in agreeing how and when to allow the entry of potential buyers, but if it is not, the situation may discourage them.
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