Can they take over your house or property if you have already rented it for a long time?


Ownership and possession are two different things. When someone rents a house, apartment or commercial property, they only take ownership of the property, but not the property. A recurring question is What happens if a tenant has been renting a property for a long time, can they take ownership of it?

Can a tenant take ownership of a property you rent?

The answer is no. In a rental agreement is The owner transfers only the temporary use or enjoyment of this property Regardless of whether it is a house, an apartment or a commercial space to the tenant agrees to pay rent.

What happens if you rent a property without a contract?

If you have rented a property without a contract and this was done “orally”, the law also protects you There is no title. Activities such as renting or selling are also beyond your authority.

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How long can you rent a house, apartment or commercial space?

Article 2398 of the Federal Civil Code stipulates this For properties that are used for residential purposes, the rental period may not be longer than 10 years. j 20 years for those intended for trade or industry.

What happens if the tenant files a lawsuit to take over your property?

If the landlord initiates an action for usufruct or transfer of ownership To take over your property, Do not worry. To perform it you must have one Purchase and sale agreement.

What should the rental agreement contain to avoid problems?

  • Names of landlords and tenants
  • Location of the property.
  • Detailed description of the property subject to the contract and the facilities and accessories it has for its use and enjoyment, as well as their condition.
  • Rent amount
  • The guarantee if applicable
  • The express mention of the residential purpose of the rental property
  • The contract period (usually one year)
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Could your tenant buy the property from you?

When renting The tenant acquires the preferential right If the owner wants to sell his property. You will be the first person to be offered this property, as long as you have the amount to buy it.

Article 2448 J of the same law states this The owner must inform the tenant of the price and conditions of sale and that You have 15 days to express your willingness to purchase.

If you rent it out In the event of your death, notify your entire family, wife, children or parents and the property was rented, avoid fraud. The tenant can fraudulently and in bad faith invent false purchase and sale contracts. Be careful who you rent to.

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