The rental contract is over and the tenant does not leave.
To rent a property, there are specialized sites that will help you succeed. In a capital city with such a high demand for a place to live as is the CDMX, there are many interested parties, therefore, someone will rent your property. Although at the beginning the tenant will sign a lease contract that specifies the time and conditions of the rent, the problem arises when, for some reason, as owner you need the property unoccupied, but the tenant does not want to leave. What should I do to recover the apartment? All these doubts that arise and the process for your property to be vacated we will show you in this article.
Now you know what to do if your tenant does not want to vacate the house you rented him, follow our recommendations and you will get out well. Visit our blog where you will find interesting information.
Notice of termination of the rental contract
The tenants can deduct the annual amount of the rent for habitual residence in the tax return (the percentage depends on the taxable base) and the reforms carried out by him (agreed with the owner).
The tenant can carry out improvement works (never if they affect the stability or safety of the dwelling) if the landlord allows it in writing. In addition, both can agree that the payment of the rent (total or partial) is replaced, for a time, by the cost of the reform in the agreed conditions. If this is not done under the agreed terms, the lessor may terminate the lease.
In accordance with article 25 of the LAU, the tenant has the right to be able to buy the property if the landlord communicates his desire to sell it together with the price. In addition, the tenant may also waive the right of first refusal. In this case, the landlord must give at least 30 days’ notice of his intention to sell the property.
The tenant must pay the agreed monthly payment in the stipulated instalments. Otherwise, if it is specified in the contract and the lease is registered in the Land Registry, the lease will be terminated once the landlord has requested judicial or notarially the payment to the tenant and does not obtain an answer in the following ten working days or the tenant answers accepting the termination. If there are subsequent charges on the property, the lessor may make use of the security deposit to remedy them after prior notarial notification.
Notice to vacate a rented apartment
Ejecting a tenant without a rental contract: We may find ourselves in other situations that at first glance may seem simpler to solve such as, for example, having a tenancy without a contract. Even if the rental contract is not in writing, a verbal contract is equally binding.
The landlord must comply with a number of obligations whether there is a written rental agreement or a tenancy without a lease, i.e. an oral agreement has been made.
The procedure for a tenant without a contract who does not want to leave is the same as for a tenant with a contract and in both cases eviction must be used if the tenant does not want to leave the property.
Once all the documentation is presented together with the eviction claim, the tenant will receive within one month a notification of the Decree by which the claim is admitted, which will state the date set for the trial and the day on which the tenant must leave the property for the tenant to take possession.
Upon termination of the lease
If the landlord is the one who wishes to terminate the lease and ask for the property, he must be aware of the termination date and no less than three months in advance must proceed to give notice to the lessee (tenant) by authorized mail.
The tenant’s notice to the landlord must be given three months prior to the expiration of the initial lease or its extensions. Therefore, if it does so, there is no compensation.
Yes, the fact that the lessee incurs in these behaviors entitles the lessor to unilaterally terminate the lease contract and to institute actions for the restitution of the leased property.
These cases are: noncompliance by the lessee of the obligations derived from the contract, when the owner needs to occupy the property for its own habitation or when the property is to be demolished.
Sale is one of the grounds for termination of the lease by the lessor. Notice must be given not less than three months in advance through the mail of the authorized postal service.