𝗗𝗼 𝘆𝗼𝘂 𝗵𝗮𝘃𝗲 𝗮 𝗽𝗿𝗲𝗰𝗮𝗿𝗶𝗼𝘂𝘀 𝘁𝗲𝗻𝗮𝗻𝘁? 𝗙𝗶𝗻𝗱 𝗼𝘂𝘁 𝗵𝗼𝘄 𝘁𝗼 𝗵𝗮𝗻𝗱𝗹𝗲 𝘁𝗵𝗲 𝘀𝗶𝘁𝘂𝗮𝘁𝗶𝗼𝗻 𝗹𝗲𝗴𝗮𝗹𝗹𝘆 𝗮𝗻𝗱 𝗽𝗿𝗼𝘁𝗲𝗰𝘁 𝘆𝗼𝘂𝗿 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆.

If you're considering renting or selling a property but are faced with the situation of having a temporary tenant, it's crucial to approach this issue carefully and legally. But what is a temporary tenant? A temporary tenant is someone who occupies a property without a formal lease or with one that is not legally valid, or who remains in the property after their lease has ended without the landlord's consent. In other words, this is unauthorized occupation without the legal rights established for traditional leases.

Below, I share some recommendations for handling this situation:

What to do if you already have a precarious tenant?

1. Review your lease : If you have a formal lease with the tenant, review its terms to see if it includes a legal agreement that allows for eviction. Most rental agreements have a clause that governs the eviction process in case of breach.

2. Consult with a specialized attorney : The law can vary by country or region, so it's essential to seek the advice of an attorney specializing in leasing or eviction. They will guide you through the best options and help you understand the necessary legal deadlines and procedures.

3. Offer an amicable solution : If possible, try to negotiate with the homeless person. Sometimes, a mutual agreement, such as offering help finding a new place to live, can be a quicker and less expensive option than going to court.

4. Consider mediation : If direct negotiations don't work, you could turn to professional mediation to reach an agreement without the need for court intervention. Mediation is a less contentious process and can avoid lengthy legal disputes.

5. Follow the proper legal process for eviction : If you can't reach an agreement and the law allows it, the next step is to initiate the legal eviction process. This involves notifying the tenant of the situation and waiting the legally stipulated time to carry out the action.

6. Respect the rights of residents : Although you have the right to rent or sell the property, it's important to respect the human rights of the temporary resident. Always be sure to follow the legal framework to avoid potential legal and ethical complications.

Tips to prevent a tenant from becoming precarious:

1. Always formalize the lease : The best way to prevent a tenant from becoming precarious is to ensure a clear and legally binding lease. It clearly defines the terms of the lease, including the length of the lease, the rent, the responsibilities of both parties, and the consequences for breach.

2. Maintain proper follow-up : Make sure you're aware of lease expiration dates and any potential renewals. If a tenant stays in the property after the lease has expired, and there's no formal agreement to extend it, they may begin to occupy the property precariously.

3. Maintain open and regular communication with your tenant : It's important to maintain a constant dialogue with your tenants. If you notice they're having difficulty paying their rent or that their lease is about to end, try to resolve the situation early, either by agreeing to a lease renewal or finding a solution to any problems they may be facing.

4. Consider using security deposits : A security deposit can serve as a protective measure to prevent the tenant from remaining in the property without paying rent or after their lease has expired. Be sure to specify in the lease under what conditions the deposit may be withheld, such as in the case of property damage or nonpayment.

5. Conduct regular property inspections : Regular inspections can help you identify potential problems or irregularities before they become a legal dispute. This also ensures that the property is being properly maintained and that there are no unauthorized occupants.

6. Foster a respectful and professional relationship : An environment of trust and professionalism between landlord and tenant reduces the likelihood of conflict. If both parties are clear about their expectations and responsibilities, unstable occupancy situations are less likely to arise.

7. Hire a good real estate agent : To reduce the risk of renting to a problematic tenant, it's advisable to hire a good real estate agent. An experienced professional can thoroughly investigate the potential tenant's situation, evaluate their history, and ensure they're abiding by the agreement. This can give you confidence that the rental relationship will remain within legal parameters and without problems.

Statistics on precarious tenants in our country

Although precise statistics on the percentage of precarious tenants who refuse to leave their properties in our country are unavailable, various related data highlight the challenges facing the real estate sector regarding irregular occupations:

1. Rent arrears : Approximately 25% of tenants fall behind on their rent. Of this group, around 70% abandon the property without paying off their debt, which can lead to precarious occupancy situations for landlords. ( adiperu.pe )

2. Eviction proceedings : In our country, the number of eviction proceedings has increased due to late payments and undocumented tenants. Eviction proceedings can be lengthy and complex, which can keep tenants in precarious conditions in properties for a considerable amount of time, increasing uncertainty for landlords.

Contact numbers for advice

If you're facing a problem with precarious tenants or need legal advice, you can contact the following institutions that provide support and guidance:

• Ombudsman's Office : Telephone: 01 200-0600

• Ministry of Housing, Construction and Sanitation : Telephone: 01 611-6000

• Peruvian Association of Real Estate Owners : Telephone: 01 446-2769

• Information and Legal Advice Center of the National University of San Marcos (UNMSM) : Telephone: 01 619-7000 (ext. 2122)

Remember that having the right advice can help you handle the situation efficiently and legally, avoiding long-term complications.

Have you ever had to deal with a precarious tenant?

Experiencing unstable tenants can be challenging, but legal and fair solutions are always possible. If you've also had to face this situation, we'd love to hear how you handled it. Share your experience in the comments and help us create a more informed and prepared community to face these challenges.

Remember that by sharing your experiences, you're not only helping other owners, but you're also raising awareness about the importance of formal, transparent, and respectful rentals.