When you are considering purchasing a home or business, it is likely that there is still an owner, a relative or a tenant there. Before deciding to purchase, it is important to get clear information about the current situation by contacting the people who actively use the property and the seller. This step will minimize any negativities you may encounter in the future.
Things To Do İf There İs A Tenant İn The Property;
One of the common mistakes made when purchasing real estate is to fall into the mistaken belief that the existing lease agreement will automatically terminate with the purchase and to begin to see the tenant as an occupier.
However, it is important to understand that when you purchase a property, the existing lease does not automatically end. As the new property owner, you will replace the previous owner in the lease. Therefore, if there is a tenant in the property, you should first check whether there is a rental agreement and carefully examine the terms of the existing agreement.
In Case of No Written Lease Contract or Unavailability of the Original Contract;
A rental agreement does not have to be in writing, so it is possible that the agreement between the former property owner and the tenant does not exist as a written document. The significant disadvantages of the lack of a written lease agreement are as follows:
- When the rental fee needs to be documented, it may be difficult to prove this amount.
- Since a written document is required for a rent increase, it may not be possible to give the tenant an annual increase without a written agreement. However, a lawsuit can be filed to determine the rental fee against tenants who have stayed in the property for five years or more.
- When the start date of the lease agreement is unknown, it becomes difficult to time eviction and rent determination cases correctly.
- Disputes may arise regarding the deposit amount if a deposit has been received from the tenant.
If there was no written agreement between the previous property owner and the tenant, or if the original (non-photocopy) agreement is not available, you, as the new property owner, have two options:
- If you will not use the real estate yourself, you can make a new contract with the current tenant in your name and obtain an eviction commitment before purchasing.
- If you are purchasing the real estate for your own needs and the tenant does not undertake to evacuate, you can file a need-based eviction lawsuit six months later, after sending a notice to the tenant stating your needs within one month after purchasing the property.
Except for these cases, you can re-evaluate your decision to purchase a property with a tenant.
Things to Consider Regarding the Security Fee Received from the Tenant
If you have a written rental agreement, it is important to review the provisions regarding the deposit in the agreement. This security deposit must be collected from the former property owner or deducted from the sale price of the property. When the tenant leaves the property, the responsibility for the deposit passes to you, the successor of the former owner.
If there is no written rental contract or the original contract cannot be provided, information should be obtained from the seller and the tenant as to whether the deposit has been paid. If the deposit has been paid, its amount; If it has not been paid, this situation must be recorded with a document signed by the seller and the tenant.
Notifications to the Tenant
It may not be enough to simply inform the tenant verbally, via e-mail or SMS that you have purchased the property. You should send an official notice to the tenant, including a photocopy of the title deed, clearly stating that you have purchased the property and to which bank account the rental payments will be made. It is important to be able to prove that written notice was given so that the tenant does not continue to pay the former property owner.
Sufficiency of Written Lease Agreement
Having a written lease agreement between the former property owner and the tenant may not be sufficient in all cases. A carelessly drafted lease agreement may contain provisions that may have adverse consequences for the property owner. Therefore, it would be beneficial for you to have the current contract, if any, examined by a lawyer.
Recommendations on Renewal of Written Lease Agreement
Renewing the written lease is only recommended if it will bring changes in your favour. According to a rule that is especially valid for residences and roofed workplaces, if the tenant does not give any notice at least fifteen days before the end of fixed-term contracts, the contract is automatically extended for one year under the same conditions. In this case, the lessor cannot terminate the contract by citing the expiration date of the contract.
Making a new written contract causes the five-year period and the "10-year automatic renewal" criterion, which is important in rent determination and eviction cases, to restart. Therefore, if you are considering entering into a new lease agreement, you should consider these issues.
Conditions for Filing an Eviction Case
If you want to evict the tenant from the property, it will be useful to obtain information about the valid reasons for eviction.
Cases of Filing a Rent Determination Case
If you are considering filing a rent determination lawsuit due to low rental prices, you can take a look at the relevant articles to learn more about this subject.
If the Persons Living in the Real Estate Are Not Tenants
Remember that the people living in the property you purchased may not always be tenants. The property owner or his relatives may also reside on the property. The property owner may promise that the property will be vacated on a certain date, but may not keep this promise after the sale. It is important that agreements made for such situations are in writing.
An eviction commitment must be obtained from the property owner or those living in the property regarding the date on which the property will be vacated, and an agreement must be made that if the property is not vacated by the specified date, a penalty of at least twice the current rent will be paid.
In this article, we discussed the points that should be taken into consideration when buying real estate, especially if someone else lives in the real estate. It is important to remember that if there is a written lease agreement, this agreement may also contain clauses that may be binding on the new owner. In order to avoid any problems, we recommend that you review the contract and the condition of the property in detail with a lawyer before purchasing.