Legal Question in Real Estate Law in Puerto Rico
evicting a 5 yr tenant
there is a house in puerto rico that is owned by 4 siblings. it is being occupied and rented by a tenant who
has been there 5 yrs with no rental agreement ever done.
the tenant was supposed to be buying the property but
never has and is apparently not making an effort at this
time either. what would be the procedure to evicting this
tenant so that this house can be sold. the sibling that
would be the one doing this lives in georgia. thank-you
very much. also is there a law that if a person lives in the home for 7 yrs without buying it they own it, one of
the brothers seems to think this.
3 Answers from Attorneys
Re: evicting a 5 yr tenant
The owner will have to file an eviction under Puerto Rico law, with which I am not familiar at all. You might check http://www.lawsource.com/also/usa.cgi?xpr but I have no idea how user-friendly it is. You might have to find a Puerto Rico lawyer. I doubt that Puerto Rico law would allow the tenant to own the property just because he lives there for seven years, as long as the owner(s) always maintained their ownership.
Re: evicting a 5 yr tenant
The owner will have to file an eviction under Puerto Rico law, with which I am not familiar at all. You might check out http://www.lawsource.com/also/usa.cgi?xpr but I have no idea how user-friendly it is. You might need to locate a lawyer in Puerto Rico. I doubt that Puerto Rico has a law that allows the tenant to own the property just because he lives there seven years, as long as the owner(s) always maintained their ownership.
Re: eviction under PR law
Counsel Field is right. A tenant under a lease agreement would never have a right to ownership of the house under Puerto Rico law. You have to send the tenant a letter stating your desire to sell the house and to evict him in order to be able to do so. If he has been paying rent and he is not a Chapter 8 tenant he may be evicted summarily. Additionally, you may have to allow up to three months for him to desocuppy the house. Usually ordinary proceedings are better because then you can consolidate the money collection suit if there is one. If there is none then it is usually better to have an expedite eviction proceeding. This is a judicial proceedings which entails judicial costs and attorney's fees. I reccomend a more amicable and settling approach to the controversy.
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