GIPE Newsletter 15 October

LEASES:

ONE OF MY TENANTS WITHDRAWS

When there are several tenants in a rental contract and one of them wants to withdraw, he/she cannot simply leave, since it is not a termination of the contract, but a modification. Unlike when there is only one tenant, in which case he/she can withdraw from the contract after six months without the consent of the landlord, in the case of several tenants, the consent of the owner is required to modify the contract. The owner must evaluate the solvency of the tenants who remain, ensure that they pay off any outstanding debts and formalize the tenant’s departure with an addendum to the contract.

REAL ESTATE:

YOUR CAMERA FOCUSES ON MY HOUSE!

A landlord installed a video surveillance system in his single-family home, but the neighbors managed to force him to remove it. Both the neighbors’ recording and the mere presence of the recording system were considered to violate his right to privacy.

IN A PROTECTED BUILDING…

A protected or “listed” building is one with historical, heritage or cultural value, and receives special protection from the Administration to guarantee its conservation.

There are three degrees of protection:

• Integral: preserves all the elements of the property.
• Structural: preserves the structure of the building.
• Environmental: protects visible aspects such as facades and gardens.
  

As the owner, it is obligatory to maintain the property and repair any damage. Before carrying out rehabilitation works, it is necessary to consult the catalogues to find out the type of protection applicable to the building.

REAL ESTATE INTERMEDIATION:

THE SELLER VARIES THE CONDITIONS…

A real estate agency was recognized with the right to collect its fees for the sale of a home, even though a deposit contract was not signed. The agency had found a buyer who offered the requested price, but the seller adopted a passive attitude and requested part of the money unofficially. Since the agency included a clause in the contract that allowed it to collect if the seller unjustifiably rejected the offer, it was able to receive the agreed fee.

Agree that you will collect your fee if the seller refuses to sell.

GIPE: Together we will be stronger