El abandonment of a rented property is a delicate situation that generates insecurity for the owner and can leave loose ends in the contract. The Article 12 of the Act No. 85-25 on Rentals of Goods Real Estate and Evictions set the proceedings and the clear legal consequences for when the tenant vacates the premises your property de crafts unilateral, protecting the same tiempo derechos of the owner to recover the possession.
Permanence of the Obligations
Before any action, Act 85-25 leaves a principle fundamentally clear: el abandonment from the rented property does not release the tenant (nor to potential surrogates such as the spouse or cohabitants) of the obligations hired. This means that even if the your property is empty, the debt for overdue rent or damage to the property remains legally enforceable.
Recovery Pathways Possession by Abandonment
La Act establishes two differentiated and agile procedures so that the owner may recover the property, depending on whether it has been left open or closed:
1. Abandoned and Open Property (Risk Imminent)
If the property is left abandoned and open, with the risk evident to be looted or occupied by third parties’s most emblematic landmarks, the owner can act quickly:
- CHECKOUT Notarial: La testing of the abandonment and the state de risk must be performed by a Notary Public.
- Record Authentic and Witnesses: El notary will raise a record authentic of verification in the presence of three (3) witnesses.
- Take Possession Immediate: Through this record’s most emblematic landmarks, the owner it will take possession of the property.
This by prioritizes the protection of the property against a risk immediately, using the fe public of the notary to validate the state de abandonment and the taking of possession without necesidad of prior judicial intervention.
2. Abandoned and Closed Property
If the property is located closed’s most emblematic landmarks, the proceedings requires the intervention of the authority judicial for to guarantee the due proceedings:
- CHECKOUT y Opening Judicial: La opening of doors, testing of the abandonment and delivery of the property al owner are left to cargo of the Judge of Peace.
- AGENDA Later: El done that him owner recover the possession of the property through this by does not undermine its right to subsequently pursue the paid of overdue rents, if any.
In this ///, law enables the Judge of Peace (who has competition in rental matters) to act quickly to verify the abandonment y formalize la rescission.
Rescission Unilateral of the Contract
El Paragraph III establishes the final legal consequence of the abandonment:
With the abandonment of the property, once verified by the judge of peace or judge of First instance, as appropriate, It is reputed that the contract is unilaterally terminated by the tenant.
This makes official the end of the contract, imputing the responsibility to the tenant for his action. The testing by the Judge of Peace applies to housing, while that of the Judge of First Instance would apply if the abandoned property had a purpose commercial o institutional without purpose profit.
La Act 85-25 thus provides a mechanism fast and legally Safety so that owners can recover and reactivate their properties in cases of abandonment.
