Selling a flat occupied by a tenant

Sometimes we come across a listing for a property currently occupied by a tenant. Is it possible to sell a flat occupied by a tenant? Learn about the legal side of the matter. Make informed decisions!

Buying a flat and registered residents

The most problematic situation may seem to be the one in which tenants have previously been registered as residents in the premises put up for sale. Should such a situation raise doubts when carrying out the transaction? There are no specific legal obstacles concerning the sale of a flat occupied by a tenant. When talking to potential buyers, you should inform them of the situation and of the legal status of the flat.

READ ALSO – RENTING A FLAT TO A COMPANY FOR RESIDENTIAL PURPOSES

Selling a flat occupied by a tenant – formal matters

What should you do when a tenant, a registered resident or a former owner who signed a sale agreement for the flat does not want to leave? We can file an eviction application with the court. The municipality (gmina) should provide a place to live for such a person. We can also take on this task ourselves. Sometimes it takes a very long time for an eviction application to be considered. The property owner may claim compensation for the long wait for the eviction of an unwanted tenant.

READ ALSO – EVICTION FROM A FLAT IN ARREARS

The situation becomes more complicated when the tenant has the right to life-long maintenance (dożywocie). They may then stay in the property, and the new owner should not demand that they move out. The life-long right to use the flat can be converted into a life annuity. In that case the financial costs are borne by the new owner of the premises. The entry about a tenant having the right to life-long maintenance is found in the land and mortgage register (księga wieczysta) of the property. It is worth checking this before making the purchase. Today we can look at the land and mortgage register online.

To avoid the problems mentioned when selling a flat, it is worth drafting the rental agreement for the premises correctly and in detail. Include in it the foreseeable circumstances, that is, the conditions for terminating the tenancy agreement.