LEASES:

KEY HANDOVER

It is essential to hand over the keys to the landlord properly, as this procedure marks the termination of the lease agreement and, consequently, the cessation of the obligation to pay rent.

Termination Document

On the agreed date, it is best to formalize the key handover with a written document signed by both parties. This document must include, at a minimum, the following information:

• The identification of the landlord and tenant, the property details, and the start date of the lease being terminated.
• An express statement that, on the date the document is signed and with the direct handover of the keys to the landlord, the lease agreement is definitively terminated.
• Confirmation, if applicable, that there are no outstanding obligations of the tenant, such as utility or rent payments.

Note. If the landlord does not return the deposit at that time, it is important to document the condition in which the property is handed over. This is because, if the landlord later claims damages or defects, the tenant will not be able to access the property again to prove that these claims are unfounded.

Incidents. It may happen that the landlord, without just cause, refuses to accept the keys or fails to appear on the agreed date. In such a case, it is essential to have irrefutable proof of the tenant’s willingness to hand over the property. To do this, you can:

• Deposit the keys with a notary public, who will be responsible for delivering them to the landlord.
• Or deposit them with the senior judge of the judicial district corresponding to the location of the rented property.

REAL ESTATE:

MY PROPERTY IS SMALLER THAN WHAT THE LAND REGISTRY STATES

You own a property you wish to sell and find that, although the actual area matches the area recorded in the Cadastre, it does not match the area registered in the Land Registry. This creates a discrepancy between the actual physical area of ​​the property and the area stated in the public deed that was originally registered. Provided this difference does not exceed 10% and there are no doubts about the property’s identity, you can request a correction directly from the Land Registry.

Simple application. When the area variation does not exceed 5% of the registered area, the correction can be made at the Land Registry through a simple declaration or application submitted by the interested parties, without needing to provide the descriptive and graphic cadastral certificate (CCDGC).

If the difference is greater than 5% but less than 10%, a descriptive and graphic cadastral certificate must be included, provided it clearly shows that the cadastral and registered properties are the same and that the discrepancy is solely due to a measurement error.

What happens if the difference exceeds 10%?

Property Title Proceedings. When the area discrepancy exceeds 10%, the rectification must be processed through property title proceedings before the competent notary in the district where the property is located. This requires providing the registered description of the property (simple note or registry certificate), the updated description, and the corresponding descriptive and graphic cadastral certificate, as well as the identity and address details of the property owner and the adjoining owners, both as registered and as cadastral.

Processing. The notary will draw up a deed incorporating all the documentation and send a copy to the registrar. Once the information has been verified and provided there are no doubts, the notary will issue the certificate confirming the correction. The notary will notify the interested parties of the request, who may submit objections within one month. In case of objection, the file will be closed and the applicant must resort to legal action. If no objections are raised, the notary will close the record and the registrar will carry out the corresponding correction.

GIPE: Together we will be stronger