HOW DO I GET RID OF MY TENANT IN 10 DAYS?
Are you the owner of a rented property and are now considering selling it? Here you will find exclusive tips to help you prepare the sales process well and realise it professionally. It is a privilege to rent out a flat and generate income from it. You alone decide whether you want to give up this privilege and sell your flat. But how do you sell a rented flat? The tenant is not the owner of the property. However, they have the right to live in the house or flat. This must be taken into account when selling. Here you can find out how to sell a rented property.
It is generally possible for a property owner to sell their flat or house to a third party. Certain legal and regulatory provisions apply to property transactions in Switzerland. If necessary, it is advisable to involve the tenants and inform them at an early stage so that they can prepare themselves and are not suddenly confronted with the situation. If the property is occupied by a tenant, this need not be an insurmountable obstacle to the sale. In some cases, however, you will need to take special measures before the sale, e.g. if you want to sell your home while you have a current loan or if you want to sell your home after a divorce or separation.
Please note that the sale of property with a tenant is governed by two laws: the Federal private lawwhich regulates the rights and obligations in this regard, and the public law of the cantonswho are responsible for authorising the sale.
HOW DO YOU PROCEED CORRECTLY WITHOUT CAUSING UNNECESSARY PROBLEMS?
The best way to sell a rented property is as an investment, i.e. directly to investors, as long as the yield is right. It is important to convince investors that they can already generate an attractive return on equity during the holding period of the property, but at the latest when it is sold at a later date.
Please remember that rented properties are not marketed in the same way as vacant properties. For example, they are listed in a separate category on online property marketing portals (e.g. investment properties or apartment blocks). Rented properties are also sold more on paper (via yield calculations). As a result, prospective buyers are usually only given an appointment to view a property if they are seriously interested and have already discussed it in detail and made the necessary preliminary enquiries.
In this way, the tenant or tenants (apartment block) do not have to be constantly disturbed. There are even investors who buy a flat without viewing it if they have been given very detailed advice. As advice is very important when selling a rented property, the sales talks should only be conducted by professionally qualified and trained experts who have sold investments frequently and have specialised in this area. You should therefore only contact property companies that regularly deal with property as an investment. WENET AG specialises in investment properties and investments. Wealth Investment Network AG - We connect property.
Facts:
It is possible to sell a rented property
Check and observe pre-emption rights
Either cancel the rental agreement or sell including the tenant
Compliance with notice periods
Reason for cancellation must be legitimate
At best, there will be a transfer of rent.
WHAT NEEDS TO BE CONSIDERED FOR A RENTED PROPERTY?
We recommend involving professionals in the preparations right from the start. If you have to sell a house or flat that is occupied by a tenant, the question naturally arises as to what should happen to the tenancy agreement. You have two options:
Either you terminate the tenancy agreement before the sale
Or you can sell the property as it is
In both cases, the sale must comply with certain legal principles: the deadline for cancelling the contract and the right of first refusal.
1. right of first refusal exists
The right of first refusal gives a person the privilege of purchasing a particular property, provided that the property is offered for sale. In the case of a rented property, for example, your tenant is given the privilege of having his property offered for sale before anyone else. Depending on the conditions and requirements, as the owner of the property you are obliged to inform the tenant of your intention to sell, at the latest when you have found a buyer and preparations for the purchase agreement are underway. In some cantons, tenants also have the option of buying the property they are renting.
If there is no right of first refusal in the statutory provisions, the landlord can decide whether to terminate the lease before selling the property. Tenancy agreements are usually for an indefinite period. Ordinary termination is given if it is in accordance with the terms of the contract. Otherwise, it is referred to as extraordinary termination. The latter option is only possible in certain special cases (death, non-payment of rent, etc.).
2. observe deadlines (avoid protection periods)
Notice period and cancellation by the tenant is something that can happen but does not have to. The cancellation of the contract is valid if the tenant is notified within the prescribed period and if the cancellation is not contrary to good faith.
The cancellation is abusive for the following reasons:
- If it is proven that the landlord intends to induce the tenant to purchase the property by cancelling the contract.
- If the termination is aimed at evicting the tenant due to disputes.
NOTEThe tenant can challenge the landlord's motivation at any time. If the tenant is successful in contesting the termination, then a Protection period of 3 years in some cases. During this time, the tenant may continue to live in the property. To avoid this, it is important that the landlord is supported by an expert in the sale of property in Switzerland. Our experts at WENET AG will accompany you and advise you of such situations so that you can finalise the sale in the best possible way.
If a rented property is sold without terminating the tenancy beforehand, the tenancy agreement is transferred directly to the new owner. In accordance with the law and the terms of the contract, the new owner becomes the new contracting party and assumes all the rights and obligations of the previous landlord. The new owner automatically takes over all existing contracts as soon as they are entered in the land register, even if the previous landlord's name is still on the tenancy agreement. A new tenancy agreement is not necessary but recommended.
CAN A LANDLORD GIVE NOTICE WHEN SELLING A HOUSE?
Yes, as long as the property belongs to the previous landlord, he can terminate the tenancy agreements due to the sale of the house. Whether the cancellation is legally valid must be examined carefully in each individual case.
By taking over the existing tenancy agreements, the new owner is also bound by the notice periods and termination dates stipulated therein. However, you can deviate from this immediately after acquiring the property due to urgent personal requirements and terminate the contract on the next possible statutory termination date in compliance with the notice periods.
ARE YOU ALLOWED TO CARRY OUT VIEWINGS WHEN SELLING?
The tenant must tolerate viewings by prospective buyers until the sale has been finalised. The landlord only has to announce the appointments in advance and take the tenant's privacy into consideration. The tenant has the right to be present at the viewing. The tenant must specify as precisely as possible the times and days at which you may show the property.
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