Tue. Nov 19th, 2019

Is it possible to sell a house that is rented?


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The purchase process is a complex procedure and not without surprises. Also for the tenant. Is it possible to sell a property with a tenant for rent? The truth is that it can be done, and it is something that is contemplated and regulated in the
Urban lease law
. But, yes, the tenant is fully entitled to enjoy the property until the end of their contract, regardless of whether or not there is a new owner.





When the sale or know its existence, there are many questions that may arise to the tenant. Are you obliged to leave before the end of the contract? Do you have any right to keep the house? Will he have to pay more rent to continue living in the same property? First, it should be noted that it has some certain rights. The first of all is that, unless expressly waived, you can remain on the floor until the expiration date of the contract.




Certainly, it is an unusual situation but less extraordinary than we imagine. It is estimated that 36% of homes for sale in Catalonia they are occupied, according to figures from the Generalitat. But, as we noted, the new buyer can not forcibly vacate the tenant. Not only the sale can not alter the signed contract, but the tenant has preferences to apply as a new buyer.


Right to trial

It is the right of preferential acquisition when selling a house with a tenant. This right ensures that, when selling a house with a tenant, he has the opportunity to acquire it in the first place in front of the prospective buyer. By law, so that the property can be sold, the owner is obliged to announce to the tenant that he has the desire to sell the house. He can acquire the property whenever he pays the price that the third buyer was willing to pay the landlord.








In fact, according to the law, for the sale of a leased property it is necessary to register in the Property Registry justifying that the seller-lessor has notified the current tenant of his intention to sell. However, in order for the tenant to be able to acquire the house, he has a specific period of time: 30 calendar days since the seller and landlord notified him of the decision to place it for sale.


How to shield your lease?

For the tenant to sleep peacefully, the most important thing is to ensure that both the rental floor and the contract are included in the contract. Property registration. If so, the new owner will be obliged to respect the previous contract during the remaining time. However, if the rental agreement is not registered and the sale of the home occurs to a third party, the contract will have no value and the tenant must leave the apartment without option to purchase or compensation.







In these cases, the Urban Leasing Law refers to article 1571 of the Civil Code, which states that "the buyer of a leased farm has the right to terminate the current lease upon verification of the sale". This means that the new owner can terminate the rental agreement, except that it includes a specific clause that prevents it.


What if I am the one who buys a rented home?

If, however, if you are willing to buy a home that is currently rented, first of all, you must know that the home you are interested in is currently inhabited by one or more tenants. So it is essential that the owner also communicate it before paying any amount, signal or handover. In fact, it is a fundamental exercise to ensure that the property is free or not of burdens and obligations.

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