Comprei um imóvel alugado, como devo proceder?

Summary

This video provides a comprehensive guide for real estate investors dealing with rented properties purchased through auctions. It covers the process of informing tenants that their rental contract is invalid, the steps to take to legally terminate the contract, and how to handle eviction if the tenant refuses to vacate. The speaker discusses the renunciation of the rental contract, giving tenants a notice period to leave, and how to proceed with legal action if necessary. The content emphasizes the importance of understanding the legal implications and taking the proper steps to ensure a smooth transition post-auction.

Takeaways

• 😀 Understand that when you purchase a property through auction, it might still have tenants living in it, and you need to handle this situation carefully.
• 😀 Notify the tenant that their lease agreement is likely invalid, as they were renting from someone who wasn’t the rightful property owner.
• 😀 You must inform the tenant that the previous owner did not have legal ownership of the property, which renders the rental contract questionable or even fraudulent.
• 😀 If you don't want to continue renting the property, you can formally renounce the lease by using a 'Renúncia do Contrato de Locação' document, asking the tenant to vacate.
• 😀 If the tenant is open to staying, you may choose to create a new lease agreement with them, but ensure it's legally sound with updated terms.
• 😀 A tenant may continue renting only if they sign a new, valid lease agreement with you, as the new legal owner.
• 😀 The eviction process may require legal action, such as a formal lawsuit for eviction ('despejo') or possession ('missão na posse'), especially if the tenant refuses to leave.
• 😀 The eviction may take time, potentially requiring police assistance to enforce the court order if necessary.
• 😀 Clear and friendly communication with tenants is key—explaining the situation in an understanding manner can lead to smoother resolutions.
• 😀 It's essential for real estate investors to understand the legal and procedural aspects of auctioned property purchases to avoid complications with tenants.
• 😀 Continuous learning and awareness of the auction process will help mitigate risks and ensure successful property investments, especially when tenants are involved.

Q & A

What should the new property owner do if the property they purchased at auction is still rented out?

The new owner should inform the tenant that the lease is invalid because the person they rented from was not the rightful owner of the property. The previous owner was either a bank or financial institution, and the tenant needs to be made aware of this situation.

What is the 'renunciation of the lease contract' and why is it important?

The 'renunciation of the lease contract' is a formal document that the new owner issues to the tenant, stating that the rental agreement is no longer valid. This document is important because it formally terminates the lease and provides the tenant with a clear notice to vacate the property.

Can the tenant remain in the property after the new owner renounces the lease contract?

No, the tenant should vacate the property once the lease is renounced. However, if the tenant wishes to continue living in the property, the new owner can negotiate a new lease, as the previous lease is no longer valid.

What steps should the new property owner take if the tenant refuses to vacate after the lease is terminated?

If the tenant refuses to vacate the property, the new owner may need to initiate legal action, which can include filing for eviction or other judicial processes. The time it takes to remove the tenant legally can vary.

Why is it important for the new property owner to inform the tenant about the invalidity of the lease?

It is essential for the new property owner to inform the tenant because the lease is based on an agreement with someone who was not the rightful owner. The tenant needs to understand that their contract is legally void and that they no longer have the right to stay in the property under the terms of the old lease.

What should the new property owner do if the tenant wants to stay in the property?

If the tenant wants to stay, the new property owner must negotiate and create a new lease agreement. This is necessary because the old lease is invalid, and the new owner must establish new terms, including rental amount and payment deadlines.

What risks are associated with buying auctioned properties that are still rented?

The main risk is that the tenant may refuse to vacate, leading to a lengthy legal process to evict them. The new owner must understand the process and be prepared for potential delays and legal costs.

What is the advantage of selling the auctioned property rather than renting it out?

Selling the auctioned property is often more profitable in the long run compared to renting. Rental income can be unreliable, and selling the property allows the new owner to liquidate the asset and potentially reinvest in other opportunities.

Is it possible to continue renting out the auctioned property after the sale?

Yes, it is possible to continue renting the property, but a new lease agreement must be signed, as the old lease is invalid. The new owner would have to negotiate the terms of the rental with the tenant.

How can the new property owner handle the situation with the tenant in a humanized way?

The new owner should approach the tenant in a respectful and understanding manner, explaining that the lease is invalid and offering them the opportunity to leave voluntarily. This can help avoid conflicts and facilitate a smoother transition.