3502 buying house puglia existing tennant

I would consult a lawyer. It is not easy to remove or ask a tennant to leave.

Frank

Camilla

my advice is to find another property !!
Very difficult to be leave the tennat , many times and money ...

Ugo

It depends on how much you want this particular place? We should know if we have managed to get the tennants out of our place in the next week or so. It all depends on the compemesso, if anything is wrong with it, you do realize that you could be stuck with some one that does not owe you rent(the contract was not made with you). But is able to stop in the house till the contract ends? I have heard of many stories of owners forced to pay the tennant to get out.

Tenant. Mark is almost right.

I`d definitely consult a lawyer. Do you think it might be possible to do the compromesso but with a clause saying that the tenant must be out before you complete? What does the owner say? Maybe she would be willing to get the tenant out for you before you buy. I`d tread very carefully on this one - things can be mega-complicated here! :(

Hope you manage to sort it out but have to say that I agree with Ugo (buy another property!).

Hazel

[QUOTE=The Smiths in Puglia]I`d definitely consult a lawyer. Do you think it might be possible to do the compromesso but with a clause saying that the tenant must be out before you complete? What does the owner say? Maybe she would be willing to get the tenant out for you before you buy. I`d tread very carefully on this one - things can be mega-complicated here! :(

Hope you manage to sort it out but have to say that I agree with Ugo (buy another property!).

Hazel[/QUOTE]
NO.. No maybe. Get them out and make sure they are out before the final signing. You can put a clause in the compromesso, something like that if they have not got them out by the said date, the owners will have to knock a certain amount off the total for each day they are over due.

[QUOTE=Anastasia]Tenant. Mark is almost right.[/QUOTE]

It is the same as banana, I can start spelling it, but have difficulty stopping. Why is there no spell check on this thing?

the tenant has the right to stay in the house, paying the fee of course, for all the time established by the existing contract.
So the first thing you need to verify is when has been signed the contract in order to know the finishing date.
It doesn't mean that the tenant will automatically go away at the end of the contract: He might ask the judge to give him a delay and normally the procedure takes time.
You definatly need a (local) lawyer.

I support all the comments made. Personally, I wouldn't agree (under any circumstances) to sign anything or pay any money/deposit unless the house is vacant even if a lawyer advised me of any clauses that can be included. Tenancy law in Italy is very different to the UK.
Also, is there any land attached to the house that is used/worked on by the tenant. I'm not an expert but If he/she is registered as a working farmer, this could give you more potential problems with eviction.

Regards
Biagio

[QUOTE=Biagio]
Also, is there any land attached to the house that is used/worked on by the tenant. I'm not an expert but If he/she is registered as a working farmer, this could give you more potential problems with eviction.[/QUOTE]

...And it's exactly this that has brought my purchase to an abrupt -- although hopefully only temporary -- halt.

Basic story: Land attached to house cared for by neighbouring farmer because owner lives abroad. There is a written contract which says farmer's right to work land expires annually. No money changes hands; farmer just keeps the land looking tidy and keeps an eye on the place in return for whatever he makes from the crops he grows. Vendor and his agent were adamant that everything had been done properly. But, largely because of warnings expressed here by GeorgeS and others, I told my London-based Italian lawyer at least three times that I was concerned about this arrangement and asked him to confirm that the farmer had not acquired any rights to use the land.

[I]After[/I] I had signed the compromesso and [I]after[/I] I had transferred a large wedge of €s to the law firm's client account, I had a call from the lawyer saying he had been looking at the contract (which he'd had for more than a month) and there was a problem. The contract had [I]not[/I], in fact, been drawn up correctly and the tenant farmer did not have just the right to farm the land until the end of this year, the law gave him the right to farm the land for a total of 15 years from the time the contract was first signed.

In other words, I was about to buy a house and 7 hectare of land, but I'd have no control at all over what happened on the arable land that surrounds the house for the next 12 years. And I suspect that since money was not mentioned in the contract, I wouldn't even get paid rent. I'm sure what I would get is lots of nice chemicals drifting across. So I suppose that's something.

Fortunately, the compromesso was signed by me at home and sent to the lawyers in London, so they still had the document and dosh when the problem was discovered.

An addendum to the compromesso was hastily drafted saying that the vendor must arrange for a new contract with the farmer, this time correctly done and giving the farmer tenant rights for no longer than three years. If this doesn't happen, the contract is void, I get my money back and have to start looking again while the owner has to go looking for another buyer.

I believe that vendor and tenant farmer are acting in good faith, so I'm hopeful all will be sorted out.

The only thing positive I can say about this is that I'm pleased I didn't only discover the problem five years down the line. It does nothing to improve my view of lawyers, but it was already impossible for me to have a lower opinion about that particular mob. And I must confess that I do so enjoy the warm glow one gets when one's prejudices are confirmed.

Is it possible to say [I]caveat emptor[/I] too many times?

Al

Our heart goes out to you AllanMason!

You're one of the smartest and most articulate people on this forum. If this can occur with your well thought out plans, indeed the rest of us need to heed your advice, "caveat emptor" when researching homes, agents and lawyers.

I'm sorry that you have hit these snags - but it sounds to me (NOT a lawyer) that there is nothing insurmountable.
However - just as a general caveat - I am aware that "foreigners" buying property in Italy from "other foreigners" tend to get lulled into a false sense of security. "Of course" the selling foreigner will have completed all the checks, the property will be "squeaky clean" on the catastal register........believe me, buying from an Italian is safer!! The Italian will probably have kept himself more up to date on current (ever changing) legislation - it is the foreign seller who will be bringing "historic" assumptions into the equation.

Relaxed, this could be true but it still doesn't help much because as with the whole situation, the foreigner buyer who can't speak Italian, doesn't understand anything is relient on someone else to tell the truth.

You are right - but when another "compatriot" is selling a house - well, you kinda tend to trust them, because they "spika di lingo" even if it isn't Italian...... this generates bigger misunderstandings than when dealing with the "natives"....

Ours agents rang on Friday to ask if we mind buying the house with the tenants still inside. From the start they, the owner and the tenants have said that they would be out for the final signing on the 15th. Now they want an extra 2 months and of course who can say if this is true. We have been lied to from the start so why should we believe them now?
The answer was no, you get them out and we want to check that they are out before the signing.

You have been warned;)