Lease Judgment
Wolfenson Lawyers provides legal advice to end a contractual lease relationship.
One of the most common civil contracts is that of leasing, both due to its socio-economic significance and the recurring need to generate profits from our property.
There are many controversies that may arise regarding this contract, it is for this reason that we protect your rights as lessor or lessee.
Our firm focuses on our clients, giving them an effective and timely solution.
Here is a legal guide to provide you with guidance on the lease:
For what type of properties does the law on urban land leases apply?
The law applies to urban real estate . It does not include properties over one hectare and that are destined or used for agricultural , livestock or forestry activities . Neither does the law of leasing apply to fiscal properties , homes that are leased furnished for seasons not exceeding three months for the purpose of rest or tourism , nor to hotels or residential properties. It does not apply to parking lots , nor does it apply to homes that are leased with a promise of sale , a system known as leasing.
Is it necessary to leave the lease in writing?
Chilean law does not require writing the contract . However, it is advisable to keep it in writing , especially to avoid conflicts and to prove violations in court . A contract before a notary , can contain the value of the rent , the form of adjustment, the duration of the contract and in general any other clause that both parties agree on. You can also incorporate the inventory of the assets that make up the property.
What types of rental contracts are there?
There are contracts , temporary contracts agreed month by month , indefinite contracts with no end date and fixed-term contracts , which establish a date for the end of the lease.
What is eviction?
The eviction is that one of the contracting parties of the lease communicates in advance to the other its intention to terminate the contract.
How can the lessor enforce the eviction in the cases of contracts agreed month to month and indefinite duration?
In these cases, the eviction given by the lessor may only be carried out judicially or by personal notification made by a notary.
The eviction period is two months , a period that is counted from its notification, and will be increased by one month for each full year that the tenant had occupied the property. Said term plus the increase may not exceed, in total, six months . The lessee, once the unilateral decision of the lessor is communicated to him, can restitute the real property before the end of the term and is only obliged to pay the rent until the day he leaves the property.
How does eviction operate in fixed term leases?
If it is a contract for a fixed term not exceeding one year, and the landlord wants to end it sooner , he can only do it judicially , through a lawsuit. The tenant has a period of two months to leave the property , from when the legal action is notified and must pay only until the day he leaves the property.
Can the tenant sublet?
In the lease contracts for real estate destined to the room with a fixed term of more than one year, the power of the lessee to sublet will always be understood as implicit, unless otherwise stipulated in the same contract.
Up to what moment must the tenant pay rent?
You must pay the rent and common expenses if any until you make the restitution of the property.
What court is competent to process the trials for rent?
The proceedings are brought before civil courts or courts of letters of common jurisdiction. These courts see the following matters: eviction of the contract , termination of the lease , restitution of the property by expiration of the time stipulated for the duration of the lease , restitution of the property by extinction of the right of the lessor , compensation for damages that the lessor or the lessee , and other cases that refer to the other issues arising from these contracts.
What happens to basic services while the trial is pending?
In cases of unpaid rent judgment , service companies can be notified so that the defendant is responsible for said debts, and avoid other damages to the owner .
Wolfenson Abogados provides excellent legal advice and legal representation in matters of real estate and property leasing for individuals and companies.
Links of interest on Legal Advice on Leasing Law :
2.- Leasing of Urban Properties
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding the lease contract and judgment, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.