Although it sounds unbelievable, the reality is that it is possible to become the owner of a rented property if a series of requirements are met
Rent a house or apartment instead of buying or building your own, the most accessible option for new generations has become, but this does not mean that being the owner of a property is not a dream that many have, which is why frequently , Speculations on how to get a house easily or at reduced prices, arise in social networks.
Such is the case of the popular belief that, after renting a property for a long time, you can take possession of it, a rumor that is partially true, but that has been distorted on the Internet, causing a lot of confusion among those who are In that specific situation.
Can a person take over a house who is renting?
When a person decides to rent a property, both the owner and the tenant must take certain precautions to avoid future problems. One of the main measures is to establish clear terms and conditions in a lease, this according to the information of the Federal Code of Civil Procedures.
This document must detail aspects such as the duration of the rent, the amount of the rent, the maintenance responsibilities and, crucially, to reaffirm the property of the property, since it is in specific cases in which there is a legal possibility for an tenant to take over a rented property, as long as certain requirements are met.
This process is known as purchasing prescription or usucapion, a legal means by which a person can acquire the property of a real estate due to the passage of time and compliance with certain criteria, but is not applicable in all contracts.
What are the requirements for a tenant to become the owner?
The main requirement for a tenant to claim the property of a rented housing is time, because in many places, the law establishes that the person must have occupied the property continuously and peacefully for a minimum of six years.
In addition to time, the occupation must have elapsed without inconveniences, without the owner having taken measures to evict the tenant during that time, in addition to neighbors and other residents of the area, they must be able to corroborate that the occupation has been without conflicts, ensuring that the Occupation was not clandestine or by force.
If the tenant meets these requirements, he can initiate a legal process to obtain the property of the property through the purchasing prescription, a legal process implies presenting evidence of continuous and peaceful occupation before a court, and if the court determines that they are fulfilled All criteria can grant property to the tenant although the law will always protect the owner, so obtaining a property in this way, although possible, is very unlikely.
How can you prevent a tenant from obtaining the property of a rental space?
For the owners, preventing a tenant from claiming the property of their property through usucapion is possible if the property is ratified with a clear and detailed lease contract in which it is unequivocally established who is the owner of the property and define that the Tenant’s occupation is temporary and subject to the payment of an income.
In addition, it is recommended that the owner make periodic property visits and maintain an active relationship with the tenant, thus demonstrating his interest and control over the property to prevent it from being interpreted as an abandonment of the property.
In addition to having a well -prepared contract, it is essential that the owners register the lease before the competent authorities, this to guarantee the legality, thus complicating that a tenant can claim the property as their own.
What elements should contain a lease to prevent the tenant from appropriating the property?
Contract duration: It is essential to clearly agree on the duration of the lease. This may be a fixed period or a renewable lease contract.
Payment of rent: Define the amount of rent and payment dates is crucial. In addition, the consequences of backward payments must be specified.
Maintenance responsibilities: The contract must detail what repairs and maintenance are the responsibility of the tenant and which correspond to the owner.
Security Deposit: Establishing a security deposit to cover possible property damage can protect the owner and ensure compliance with obligations by the tenant.
Inspection visits: agreeing on the possibility of periodic inspection visits can help the owner monitor the status of the property and solve any problem in time.
Renewal and termination of the contract: It is important to have clear clauses on how the contract can be renewed or ended, as well as the conditions to dislodge the property.
Source: revistafama
