A Lease Agreement is more than a Key. It is a Strategic Agreement that Secures the Future of the Parties.
Is your tenant not fulfilling their obligations, or do you or a relative need the property? For you, we determine the most accurate and fastest legal reason for eviction (non-payment of rent, need, redevelopment, etc.), and we ensure that you get your property back as soon as possible by meticulously carrying out the notice and litigation processes.
Is your rent too low compared to your peers? Or have changing economic conditions made your current rent unaffordable? In the light of current legal regulations and precedent market prices, we file a rent determination or rent adjustment case for you and ensure that a fair and equitable rent is determined by the court.
Has the tenant made changes to or misused your property without your permission? Are you in dispute over the return of the security deposit? We legally detect breaches of contract, recover damages and ensure that collateral such as security deposits are used in accordance with the law.
Is the lessor refusing to carry out a mandatory repair on the property? Or are you facing an unfair eviction claim? We protect your contractual and legal rights (warranty against defects, right to sublease, etc.) and ensure that you continue to use the property in a secure manner by undertaking your legal defense against unfair claims.
- The problem
Our client had rented out his commercial property in a central location. However, after a few months, the tenant started to pay the rent irregularly and eventually stopped paying it altogether. He objected to standard eviction notices by taking advantage of legal loopholes and continued to use the property free of charge by deliberately prolonging the process with claims such as postponement of bankruptcy. Our client was experiencing a serious loss of income.
1 - Strategy
Instead of focusing only on the "unpaid rent", we analyzed the tenant's activities and the contract in depth. We found that the tenant rented part of the property to another company without permission (unauthorized subletting) and made changes to the architecture of the property contrary to the project, even though this was expressly prohibited in the contract. We made this the basis for a separate and faster eviction case on the grounds of "material breach of contract".
2 - Conclusion
This two-pronged strategy we pursued frustrated the tenant's stalling tactics. The court found our eviction request justified due to fundamental breach of contract and issued an eviction order in a much shorter period of time. Not only did our client get his property back, but he was also compensated for the accumulated rent receivables and damages caused to the property through the enforcement proceedings we initiated.
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- Answer: For residential rents, an increase above the temporary ceiling rate set by law (such as 25%) cannot be legally demanded. However, in lease agreements that have completed 5 years, the right to file a "rent determination lawsuit" may arise without being subject to this limitation. Each situation should be evaluated on its own.
- Answer: It is a written declaration by the lessee that he/she will vacate the leased property on a specific date. In order to be valid, it is critical that this document is issued on a date subsequent to the signing of the lease agreement and after the leased property has been handed over to the lessee.
- Answer: It is the eviction request of the lessor due to the need of the lessor, himself, his spouse, his descendants or his lineal descendants for a residence or workplace. It must be proven in court that this need is real, sincere and compulsory.
- Answer: The tenant may claim "useful and necessary" expenses that increase the value of the property, with the written consent of the landlord. However, "luxury" expenses that can be removed without damaging the property are generally not claimable.