If there is a tenant in the purchased house, how does the process work?
If a house is purchased with a tenant already living in it, certain procedures must be followed in order to evict the tenant. These procedures are set by law and the new landlord must comply with the law to avoid any conflicts. In case of disagreement with the tenant, legal remedies are open for both parties. The parties can apply to the Civil Court of Peace due to the problems experienced.
Conditions for releasing the tenant from the landlord
If the new owner wants to evict the tenant, he must follow the following procedures:
- According to the law, the new owner must send a warning to the tenant within one month after the transfer of title, if there is no annotation in the contract based on the lease.
- After sending the warning, if the lease term is longer than 6 months, the tenant must vacate the home within 6 months. If the tenant does not agree to leave the home, they can be evicted through litigation.
- If a warning is not given within one month after the title deed transfer, the new owner is deemed to have accepted the terms of the lessor’s tenancy agreement.
- If the tenant breaches the terms of the lease during this process – for example, if he does not pay rent within a certain period – he can be vacated early.
Agreement with the newly purchased tenant
It is one of the most ideal ways to make an agreement with the tenant in the house before buying. In this case, the lessee and the lessor can terminate the lease by mutual agreement. Thus, there is no need to wait for the tenant to move out of the house.
If the previous owner and the tenant have entered into an agreement according to an indefinite contract, then the rights of the owner will be activated according to the Law of Obligations. In such cases, the two parties can mutually agree or the process can be legally resolved.
If the tenant resides in the home to be purchased, the deposit, which is among the conditions to be observed, refers to the amount that the tenant pays to the landlord under the security deposit. If the home is purchased, this deposit must be obtained from the previous owner or this amount must be deducted from the price of the home.
