CONFLICTS WHEN REQUESTING A PROPERTY

CONFLICTS WHEN REQUESTING A PROPERTY

Conflicts when requesting a property

Case 1

I have a verbal lease for a house between my son and a friend.

The personal relationships between the two of them deteriorated as a result, leading to verbal attacks and mutual threats.

For that reason, for 4 months, I have interacted with the tenant.

Supposedly the contract ends in August, but when I took up the issue, he agreed to deliver the house at the end of February, because as explained to him, we need the house.

Now he is stating that it is “very complex” for him to find a home, showing his disinterest in complying with what was agreed in September last year.

I need the house because I split up and now I live in a hostel expecting to receive the house in February.

And my son does not have an adequate space to receive his son and we urgently need to have that space

Answer

In the background, a process of Restitution of property given in lease must be established that as of January 1, 2014, as provided by law 1564 of 2012, is processed by the verbal process, art. 384

The norm requires summary proof of the lease, it can be the agreement that mentions if they did it in writing, or it can be the extra process declaration of two witnesses who declare that their son leased the property, its location, boundaries, value of the canon of the lease, payment opportunity, contract term, among other aspects.

Now law 446 of 1998, art. 69 speaks of the possibility of reaching an agreement before a duly approved conciliation centre, hopefully, a conciliator with a vocation for service and an expert on the subject; the restitution agreement you obtain is a court judgment.

The bottom line is that the tenant attends the hearing and an agreement is reached.

I suggest taking advice from a specialist on the subject, hopefully, an exalted friend of the Alternative Dispute Resolution Mechanisms in Real Estate Law.

Case 2

With the new General Process Code, if I don’t have a written contract, how can I try to launch the tenant?

Answer

Law 1564 of 2012 mentions that the demand for restitution of property given in lease must be accompanied by documentary evidence of the lease signed by the tenant, or the confession of this made in questioning by extra-procedural party, or even summary testimonial evidence (statements extrajudicial).

Please seek the advice of a specialist to choose what suits you best.

Case 3         

My dad rented a double store for the sale of cleaning supplies, which lasted 10 years.

Some repairs had to be made to the property and also my father died and to carry out the succession process they wanted the premises to be unoccupied,

When my father died, my mother did not increase the law for five years, since she did not want them to leave because with that rent the house expenses are paid,

The following year, after not having made increases, the law was increased and he was notified of the need to request the premises, the tenant accepted and 6 months in advance the request for delivery was made, which he made in a timely manner. And I place the business in his house, around the corner.

Once the premises had been fixed and the owner had changed, he was interested in taking over the premises again but never passed any papers (these premises is rented by an insurance company).

Finally, a part was rented for a beauty salon and the other for a cigarette store, the latter lasted a year and 3 months, at this time this part of the premises is unoccupied again and is on lease.

A neighbour wants to start the business for the sale of cleaning implements and she met the tenant who had the business in the place in question and told him that this type of business could not be put back there, that if he did it he would collect compensation (to the owner of the premises, I sign a lease with my dad who is dead at the moment, would it be for the heirs?) that would not get into trouble.

The specific question is, can I re-lease for this type of business?

Answer

I understand that you as successors of your late father recovered the premises and almost two years ago you have been leasing it for other destinations already directly.

I think that it is possible to rent it for the destination you are asking, taking into account that it has already been about 24 months from the moment the previous tenant delivered the property and in that period other tenants with a different destination have mediated.

Now art. 522 of the Commercial Code, which provides for the case does not bring a peremptory term for not renting or placing the same business of the previous tenant on their own account; It depends on what you have agreed to when restoring the tenant of the property.

By analogy, in the case of urban housing, a bank or insurance guarantee must be provided for a six-month lease, which guarantees that the landlord will use the property for which I request restitution.

The bottom line suggestion, try for the moment not to rent it for the same destination, this will avoid setbacks.

Case 4

I am writing to you attentively to ask you the following question,

1. I have leased property for more than 16 years and the person does not want to vacate, I have sent him 3 letters by certified mail and he ignores it.

2. It is not up to date with the rents and I even sign a few letters for it.

3. She signs a contract every year

4. She is acting as building administrator (We authorized her to attend meetings)

5. My mother needs to go to live in the apartment because she has nowhere else to live and this lady tells us that in 6 or 8 months she will be vacating because her husband is undergoing treatment, but my mother does not have a pension.

Answer

When the lease is not up-to-date, it is a legal cause and the safest contractual cause that the landlord can unilaterally terminate the lease contract and establish a process of restitution of the property given in lease, now from January 1, 2014, by verbal process.

It is important to see the lease contract and how the lessee knows that the property is subject to the legal regime of horizontal property, because of her being in debt in administration fees is in breach of the leasing law if she is in charge of paying the administration and such Non-compliance is also grounds for terminating the contract and demanding its restitution.

Case 5

I live on my rents that cover the expenses of my age, because I am alone and as such I have to pay a nanny who takes care of me for days; for a value of 37 thousand pesos a day, plus lunch, which includes their benefits.

This year 2014, what I receive compared to what I have to pay is not enough for me.

The lease contracts expire until October and November, so only up to those dates can I make the increase effective? This hurts me; can I make the increase earlier?

In the apartment buildings, there is already talk for the assembly of these days of an increase in the administration of 5 percent, which hurts me because the administration is included in the rental value.

The contracts have been 10 years, what has risen does not compensate for the expenses, the extraordinary fees, the tenants pay on time.

Answer

I understand the decompensating of your income from rental income, in which the government authorized an increase of 1.94 percent, enforceable only until the contract reaches 12 months with the same price, in your case until October and November; compared to the expenses involved in assuming the minimum wage increase of 4.5 percent since January 1, 2014, where there is a difference 2.6 percent, which is a loss to the balance of income and expenses.

This situation is aggravated because the horizontal properties effectively have to rethink the projection of their income, since many of them are used to increasing the CPI that the government indicates from the previous year (1.94 percent), to the budget of the current one of the current year where they have to assume workloads increased by 4.5 percent and that is why the rumours that you hear where you have your rented apartments are right.

This disproportion not only affects the payment of the person who assists him for days, since he must pay the 4.5 increase; but also must assume the payment of the obligations of the recent decree 2616 of 2013 in the matter of family allowance, which now applies to workers hired by days.

In return, you only receive the increase in the rent until the last quarter of the year in which the lease extensions expire.

Being more burdensome the fact that you must assume the increase in the Administration payment, possibly because as you state in the rental fee this obligation is included by the lessor, and where it is estimated that it will rise at least 4.5 percent.

I suggest you, apart from patience, plan the following actions:

You should be thinking about terminating the lease contracts at the expiration of the extensions in October and November respectively, notifying the tenants by authorized mail three months in advance and thus there is no place for compensation.

The leasing law 820 of 2003 in article 22, ordinal 8, literal d) provides that once the rental contract has been executed at least four years, the contract can be terminated by the simple will of the lessor, for which you must indemnify the tenants with 1.5 percent months of the lease and notify them three months in advance respectively by mail authorized for this purpose.

With this action, once the apartments are vacated, you lease them at the current real price, which is allowed by the law for urban housing. On the other hand, it is healthy that you have stipulated the administration payment by the landlord, but it must be contractually stipulated that as much of what the landlord receives comprises the rental fee and how much is the administration. fee, with the exception that the part of Administration will be increased by the percentage authorized by the general assembly of owners, while the lease fee itself in the percentage authorized by the national government.

Leasing is a real estate business, where you have to be attentive to legal and market variations to avoid mistakes; I recommend consulting a specialist.