You have a rented property and you want it back? It’s difficult, but possible. It all depends on the circumstances and the reasons why you need the property. Today we explain how to get a rented property back and we detail step by step the requirements to do so.
What Does it Mean to Sign a Rental Agreement?
Before we get into the technical details of how to get a house or apartment back, we need to establish exactly what a rental agreement is and what it means to sign one.
As is well known, a rental agreement is a contract usually drawn up in writing between two parties, namely the owner of the property and the tenant. At a minimum, the agreement identifies the parties, the property, the term of the lease and the amount of rent for that term. The owner of the property is referred to as the landlord and the tenant is referred to as the tenant.
In the contract documentation, there is a series of detailed information about the term, the type of contract, the amount of rent and the various conditions or clauses that affect it. It is important to read it to clarify any questions or queries that may arise. And it is that one can negotiate all the conditions and terms before signing.
In this sense, it is advisable to go to an agency or real estate agency to inform us about the contract.
No matter if we are owners or tenants, the signing of a binding document implies the respect of it. For this reason, it is important to know what we accept by signing it.
However, once the document is accepted and signed, the contract is binding on both parties. This does not mean that there are exceptions. Both the owner and the tenant may not always fulfill their part in the conditions previously established in the contract or those established by law.
Next, we detail the cases in which it is possible to recover a rented property.
When and How to Recover a Rented Property?
There are more cases and hypotheses than you can imagine when it comes to recovering a property. Most of them are due to force majeure or to an agreement between the two parties.
We detail them all below.
Completion of a Contract Extension
The first case is the completion of an extension. The term of the contract is signed by both parties, from one year to 5 or 7 years. When a contract ends, many are automatically renewed for a period that usually varies.
Thus, if a contract is less than 5 or 7 years, the renewal of extensions will be annual. If one of these dates is reached, if the tenant notifies the landlord one month before the end of the contract.
In this case, the owner can recover the property.
Both Parties Reach an Agreement
If this happens, the contract can be divided without any problems.
Due to the Abandonment of the Tenant’s Partner
In case the tenant’s partner or spouse decides to leave the apartment or if they cut off the relationship between them, the case of abandonment and withdrawal of the tenant occurs. In this case, the apartment can be recovered.
This is also the option of abandonment of the tenant. It is basically the same, as long as the couple does not comply with the conditions established by the law.
Need to Occupy the Home
There is a more common case than it seems, that the owner needed to occupy the house. This condition is met in cases of divorce, separation, annulment or for first degree relatives or adoption.
In other words, if our son or daughter gets married, we have the opportunity to reclaim a rented house.
In order for this condition to be fulfilled, it is essential to notify the tenant(s) at least 4 months in advance.
This unfortunate case can occur in two directions; by the tenant or the owner. For example, if the tenant’s spouse dies, the tenant can accept this option.
It can occur in several cases: if you are a common-law couple, if you are married or if you had an emotional relationship of at least two years. Coexistence in common and filiation would also apply to this case.
In the event of the tenant’s death, parents and direct descendants such as sons, daughters, fathers, mothers, siblings and grandchildren could benefit.
In addition, persons other than those mentioned above would also be included, provided that they have a disability equal to or greater than 65% and with a minimum relationship to the deceased tenant up to the third degree.
If the tenant rents the house or apartment, he automatically loses the right to the rental agreement.
In Cases of Eviction
This includes cases of eviction for breach of contract.
Tenant(s) Want to Leave the Property
In this case, it is not so much whether the tenant(s) want to terminate the contract, but whether they have to pay compensation or a fine.
In general, the rental agreement may or may not include a penalty clause.
Termination of the Contract
This case is obvious, but it is necessary to remember it.
As you may have noticed, there are a lot of hypotheses when it comes to recovering a rented accommodation.
We hope we have clarified all your doubts about this hypothesis. Did you know all the cases of recovery? If not, leave us a comment and tell us which one you didn’t know.