News

REAL ESTATE, NEXUS GROUP, INFORMA

Can you sell an apartment with tenants inside?

There is no prohibition of sale in the case of having tenants, but, unless otherwise provided, tenants generally have a pre-emptive right of purchase.

Depending on whether or not the provisions of article 34 of the Mortgage Law are complied with, the acquirer will only be obliged to fulfill a term of 5 or 7 years or the entire duration of the rental contract.

Investing in housing continues to be the safest and preferred value of the Spanish due to its great long-term profitability. One of the great doubts of private investors in real estate is what type of economic return to get from the investment and the doubt is usually raised about whether to rent or wait to sell the asset, which raises questions about whether, once the apartment is rented, it can be put up for sale.

If in the lease, the clause where it is stated that the lessee has a preferential acquisition is explicit, it cannot be sold to third parties, but in the event that it expresses the NO preferential acquisition, the lessor must only notify the lessee of its intention to sell the home with a minimum notice of thirty days from the date of sale.

These rights, by virtue of article 14 of the LAU, will be maintained during the first five years of validity of the contract, or seven if the seller or the lessor were a legal entity. This means that therefore, the acquirer will not be able to terminate the lease until the aforementioned period has elapsed.

info@nexusgrupo.com

0034 965727960