GIPE Newsletter (Nº24.187) October, 30th

REAL ESTATE:

EVEN IF CERTAIN EXPENSES ARE COVERED…

You allowed a friend to use your home rent-free for a while. Can that person refuse to leave, claiming they are paying some of the apartment’s expenses or utilities?

“Precarious possession” is in fact a situation in which someone occupies another person’s property without a legal title justifying their possession and without paying rent. Therefore:

If the occupant claims there was a verbal lease agreement with rent payments—even minimal ones—they will have the burden of proof. If they cannot prove it (and you have never received any payment), you can request their eviction.

The fact that they pay certain expenses related to the property (such as painting, telephone, or utilities) does not change the situation, as these are expenses related to their own use of the property.

Consequently, if they occupy the property without a valid legal title, a precarious situation exists—even if they are covering some expenses—and you can demand their eviction at any time.

LEASES:

YOU MUST NOTIFY THE LANDLORD

If the landlord rents a premises where a retail business operates, the tenant may be entitled to compensation for goodwill upon termination of the lease.

However, the landlord will not have to pay this compensation if the tenant:

• Has not given at least four months’ notice of their intention to remain in the premises for another five years, paying market rent.
• Does not meet the requirement of having operated a business for the past five years.
• Or has expressly waived this right in the lease agreement.

In short, if the tenant does not meet the deadlines or has waived this right, they lose the compensation for goodwill.

GIPE:  Together we will be stronger