Is it possible that the owner sell a house with tenant in it? The regulation provides that the landlord is free to sell the house when you want, although since the approval of Royal Decree Law last march, has increased the protection to the person who lives under the regime of rent. The tenant has the right to continue living in the property until the end of the time stipulated in the contract under the same conditions as agreed with the landlord.
Now, and unlike what was the case before the entry into force of the new regulation, the tenant is protected against the sale of the floor where it resides regardless of if the rental contract is registered in the Registry of Property or not . "The owner has the freedom to sell his flat, but the tenant may continue to live in that apartment if this is stipulated in the contract", clarifies the director of Studies pisos.com, Ferran Font.
In fact, the Royal Decree that is currently in effect stating that the buyer is subrogated in the rights and obligations that it had signed the landlord with anteriodad even if in the rental contract it was agreed that the sale of the home would extinguish the lease. Also in case of alienation to forced housing arising from a foreclosure or court judgment
however, everything changes if the date of signing of the contract was prior to march of 2019 . "If the lease had been signed between the 6 of June 2013, and the December 19, 2018, the date of the first decree on rentals approved by the government which then was not validated, one would have to distinguish if the contract is registered or not in the Registry of the Property. If the agreement has been signed, the buyer should respect the tenancy existing, but if you have not enrolled, that would be the most likely, the new buyer could resolve the lease and occupy the dwelling by giving a notice to the tenant of three months to leave the dwelling", specified the director general of the Agency's Negotiating Rent, José Ramón Left-handed.
This policy, which makes distinctions between the real estate enrolled and those who did not, it would also apply to rentals made between January 24, 2019 -the date of repeal of the first decree, and that were concluded before march, the date of entry into force of the second decree on rentals approved by the Government of Pedro Sanchez.
Also, doubts arise when the owner plans to take a home sale, but at the same time receives an offer to rent. In this situation, the future landlord you can think of adding a clause in which it is agreed that the tenant must leave the apartment in the event of a sale, but what is legal is this practice? "In my opinion, such provision would be null and void, and depending on who is the landlord also abusive, but I would analyze as in all cases, the date of conclusion of the lease to see what legislation is applicable" answers Left-handed.
The commercial director of Car Insurance, David Caraballo, confirmed that l the inclusion of this clause would not be legal by going against the LAU (Law of Urban Leases) . "The landlord and tenant can agree whatever they want on the rental contract, but if it is not legal, will not be valid future before a judge," says Caraballo.
Retrieving the housing by need
to Recover the dwelling for personal need of the landlord or a family member is also more complicated with the new regulations, since the contract must include, expressly, the need to recover the rental before the expiry of the five years during which pronlongará the rental agreement.
The OCU interprets the standard aims to not use this excuse to end a rental , and for this purpose provides that, where appropriate, the landlord communicated the need to recover the home with two months advance notice, stating the cause. And pinpointing the causes of force majeure that can justify that, once released home, this would not have been effectively occupied by the landlord three months later.
Right of first refusal
on the other hand, the landlord has the obligation to notify the tenant that brings the housing to the sale because "has 30 calendar days to execute your purchase option, that is to say, to execute their right of first refusal", indicates Font. This right includes the preference shift to the tenant to match the offer for sale launched and to stay in the home . "On the other hand, if the owner does not notify the intention of selling floor and makes effective the sale, the tenant has the right of withdrawal, meaning that the sale would be canceled to stay with the floor in the same condition in which it was sold," added Font.
however, I should point out that the landlord can refuse offers of purchase of the tenant if the price is below the desired. In this way, the landlord has the autonomy to reject purchase offers that put on the table the tenant in the event that not be of interest to you. On the other hand, as it recalls the commercial director of Car Insurance, many contracts are agreed without the inclusion of the derecto of first refusal and of withdrawal and therefore, the tenant would lose the possibility of submitting an offer to purchase the home.Updated Date: 12 September 2019, 19:00