The sale of a property can occur for several reasons of its owners, as well, it takes us to a necessary bureaucracy. This can often cause rushing, document overload and problems with potential tenants.

Imagine selling property with a tenant still residing on the premises? Yes, it is possible to do that. Sometimes, the property is already rented and, at those times, some details in particular must be observed for the right, both of the tenant and the owner.

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In this post, we will present some important points and laws that cover the possibility of selling a property with an already established tenant. Good reading!

The rights and laws at the time of selling property with tenant

Selling property with a tenant is possible, as long as he knows about the sale. In addition, you also have the rights and conditions to continue to live there, even after the sale, if you have no other place to move to. Thus, a series of laws and other content related to real estate show how this process should happen. After all, currently, there is a specific legislation related to this topic.

One of them is the Tenancy Law , which appeared with the intention of guiding owners and tenants in relation to their rights and duties, when buying and selling real estate. Article 27 of that law states that the lessee has the right to be the first to know about the sale of the property. They have preference over other people and about making agreements with buyers, as long as they have knowledge of the business.

However, judicial and extrajudicial notification is necessary for it to be of value. Remember that it is very important that everything is in agreement, in a legal and clear way so that there are no conflicts during this process.

The importance of the rental contract

An important point that must be noted is the need to access the rental agreement . This allows certain rights assigned to the lessee, such as the term of clause, to be clearly and present in the contract.

When reading the clauses, it is possible to see that the rights are foreseen for both sides, during the acquisition, permanence and change of the property and, for this reason, they must be included in the rental contract.

In this sense, we can mention one of the most important clauses: the term. It shows how compliance with, and possible compliance with, the current contract is foreseen, the term of the lease and also its extensions and renewals.

Thus, in the event that the resident does not express a preference or if the property has been transferred to a third party and does not meet certain requirements, the current contract must be complied with and respected.

The rights of the owner

Obviously, the owner of the property has a number of rights for being the owner of the property. In this sense, see below some factors that must be taken into account.

Eviction warrant

The owner has the right to issue an eviction warrant. This is the case if the tenant refuses to make an appropriate negotiation and that brings advantages to both sides, during the sale of the property.

Renter's debts

If the landlord has any pending issues with the owner or overdue property bills, it is possible to request the repossession of the property, by means of an eviction request.

Return request

Another right of the owner is the request to return the rented property. This request can only be made if the lessee has carried out improper or unauthorized works .

The tenant's rights to the property

Among the rights that the tenant has in this situation, we will highlight three important points on this very important matter.

Preference in the purchase of the property

If interested, the lessee can buy the property , and the first proposal to sell the property must be presented, initially, to the resident, so that, then, it can be effectively disclosed.

Right to schedule visits to the property

If the current resident is not interested in buying the property in which he resides, the property can be disclosed, opening the possibility for visits by other interested parties. Recalling that visits to the property can only happen with a day and time scheduled and agreed between the owner, the tenant and the person who is interested in the purchase.

Right to a vacancy period

If the tenant has no interest in buying the property and also does not intend to continue there after the sale, the Tenancy Law states that the current resident of the property has 90 days to vacate the place.

This is also the deadline, if the new owner wants the property to be vacated. In this way, the resident has the possibility to search for another property and, thus, be able to make his move with ease and find another location.

How to sell the rental property

Now that you have a brief understanding of the rights and duties of tenants and homeowners, we are able to show that it is not a thing to sell a property that has a tenant and that it is possible to sell a rental property.

The agreements must always happen in a clear manner, so that everyone involved is aware of them and other matters that are related to the purchase and sale of the property. It should also be said that there should always be a very clear contact with the real estate, if the property is for sale by the same. It is always good to avoid possible conflicts, remember this!

Well, let's go to some points that must be analyzed when selling a rental property. Among the most important, we can mention:

• perform a general analysis of the property to see if there is no damage to the property;
• respect the established visiting hours;
• Do not expose the belongings and assets of the current resident.

If the resident misses any belongings or understands that their privacy has been invaded, they can carry out a privacy invasion process.

Knowledge about these matters is very important when selling a property, especially if there is already a resident. For this reason, conducting an open, correct and legal negotiation is extremely important at these times, enabling the well-being of all.