I buy a house occupied by a tenant without lease: what precautions to take?

Anne wishes to acquire a property still occupied by a tenant. It has no good-time lease. How to be sure that she will leave well before the signing of the act of purchase? Jérémy Sourice’s response, agent, in the major real estate meeting (Capital/Radio Immo).

Capital video: I want to buy a house occupied by a tenant without lease. What precautions to take?

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Anne, who lives in the Paris region, has just had a crush on a pretty millstone in Seine-et-Marne. She already sees herself, except that the house is occupied by the tenant sellers without a lease was concluded between the two parties … “No worriesretorts to Anne thereal estate agent sales manager, The tenant is my sister, she will be left before the signing of theauthentic act Buying, you can trust me! ”. Moderately reassured, Anne asks, in the program Le Grand Rendez-vous de l’Emalovences (Capital/Radio Immo), what precautions she must take within the framework of this purchase. “Should we insert a suspensive clause in the sales compromise ”in case the tenant has her ears pulled to leave ?, She wonders.

“Prudence, indeed!”replies Jérémy Sourice, real estate representative at IAD, who assures that this kind of situation happens more often than we think. The first reflex is “Check if, despite the absence of a rental contract, rent is paid each month. If this is the case, we can consider that there is a verbal lease»»indicates the expert. In this case, “We must ensure that the current owners have given leave to their tenant, on the grounds of the sale of the house”continues Jérémy Sourice. Or that the latter informed her donors of her decision to leave the premises.

Our experts – real estate agents, notaries, lawyers – answer you

But it is better to plan belt and suspenders in such a situation. The real estate representative therefore recommends that Anne follow her intuition and to ask her notary in addition to register in the sales compromise a suspensive clause, specifying that if the house is not free from any occupation on the date of signature of the authentic act, then The sale will be obsoletewithout any year having the slightest compensation to the sellers. And, “A few days before the signing of the authentic act, Anne must check, with her notary, that the tenant has left the premises well”adds Jérémy Sourice.

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