As a judicial scrivener, we have been witnessing more than 2500 rental troubles so far, but one of the surprisingly many problems is the sudden eviction.
What would you do if the landlord suddenly told me the rental property that I currently rent and live?
The rent is paid properly, and there is no particular rubbing, and the borrowing period is not a pre -determined "regular building lease agreement".
So, what kind of case can you be asked for an unexpected departure?
The "right to live in the property you rent" is protected by law
The following two points are stipulated in the Civil Code Leasehold Law Law for the conditions that the landlord can offer cancellation to the lessee.
① 6 months ago announcement is required
② You cannot cancel without a legitimate reason under the Leasehold Lease Law
This ① and ② are forced provisions (the provisions applied regardless of the agreement between the parties), so they must be observed regardless of individual reasons.In other words, basically, if the lessee is paying the rent properly, the right to live in the property you are rented is very strongly protected by law.
So what exactly is the "legal case" in ② specifically?
for example,
・ The property of the property is intense, and it is difficult to repair it from the side of the neighboring land.
・ I have to use the property for the care of the landlord
It is actually that the court is not easy to recognize in the court when you look at the site from a judicial scrivener.
Therefore, the problem of "resignation fee" occurs.
Can you get a lot of resignation fees?
What is the price of the resignation fee for resident rental properties?
for example,よくあるケースとして、「古い建物で補強が難しく、取り壊さざるを得ない」ために立ち退きを要求された場合で考えてみます。
First of all, in the case of a residential property, not a store or office, it is not so expensive now.
This is because the vacancy rate of rental properties for residents is now high, and when moving, there are sufficiently moving properties.
Some people misunderstand that they can get a high -priced resignation fee, but the number of rental properties is small in the first place, and the situation is different from the times when it was difficult to move.
That said, if you actually move, it will be expensive, so generally the actual cost of moving and initial costs (brokerage fees, deposits, key money, etc.) will be resigned.It is a guide to the amount that can be charged.
What are the points when negotiating the resignation fee?
It is an eviction project that I actually attended.
In the case of evacuation of two terrace houses (two -story building -style housing) with a rent of 120,000 yen, one of the two houses is to get a relocation fee for the transfer of the actual cost of relocation.Completed.However, another lessee consulted a lawyer and demanded 10 million yen via an agent.
As mentioned earlier, the market is generally the actual expenses and initial costs for relocation.10 million yen is too exorbitant.The landlord also responded to the lawyer, but the claims of both parties did not confront, and the exit was invisible.Eventually, the landlord said, "If you say that, please keep living as it is", the evacuation negotiations ended up.
However, two years later, the lessee, who had been living, began to pay for rent.
Therefore, at the request of the landlord, I decided to do the procedure for the lawsuit for Direction.
When he actually entered the procedure, he said that his rent was no longer possible due to the significant decrease due to the corona evil.Moreover, it seems that the one who charged 10 million yen in the evacuation negotiations two years ago was not the request of the lessee himself but the selfish action of his agent.
In the end, the lessee had to leave for one yen without a relocation fee.
From this case, when negotiating the resignation fee with the landlord, it is better not to take it to the extraordinary amount, no matter how much sudden offer is made.
Even if the negotiations are not accepted and the lawsuit is proceeded, the amount will not increase significantly, and the eviction negotiations will end as in the previous example.In addition, the information "I made an exorbitant claim" and "persistent gone" are quickly spread in the real estate industry."If you move that lessee, it will be difficult for evacuation negotiations," it may be difficult to find the next destination.
In any case, considering that it will move someday, it is better to get a reasonable amount of money and move smoothly.
In addition, if there are many residents in the property where the eviction negotiations have begun, the landlord generally has a budget for the overall costs for evacuation.
We recommend that you negotiate early in the resident as long as the total budget is fixed.
If you have a budget, you will be more likely to be paid if you charge the plus alpha costs in addition to the normal moving price and initial cost.
However, even in that case, instead of claiming a highly grounded expensive cost, the negotiations and amounts are given to the specific reasons and the amount of "XX yen is required as a replacement cost because the dimensions of the transfer destination are different". Let.
On the other hand, in some cases, the landlord does not know the law and encourages him to leave due to his own convenience, such as "I want to live my grandchildren."
In such a case, as mentioned above, there is no need to respond legally.However, if you think that you can move a little, it will not be emotional and calmly, "I don't think it will be a legitimate reason for this reason, but how do you think about that?Is it? ", And I think it's a good idea to start negotiations by listening to the other party's thoughts on the resignation fee.
To avoid sudden departure
As we have seen so far, if you offer a departure from the landlord, the aging of the property is often the reason.
Unfortunately, any property has a life.If you want to stay as long as you want to stay in the land or property as long as you move, it is better to determine the age of the building, along with the conditions such as rent, layout, and distance from the station.prize.Especially in the case of the elderly, as they grow older, it is difficult to sign a new rental contract every year.If I thought I was borrowed, but I was forced to leave due to the aging of the property, I would like to avoid the hurdle to search for the next property.
Some properties have been renovated and have difficulty knowing the age of the building.When searching from a number of properties candidates, we recommend that you predict the number of years you want to continue to live and determine the age you want to borrow.
Rental properties are the property owned by the landlord.The landlord is obliged to have a lessee living safely.
In the case of an old building, if it collapses due to an earthquake, the landlord will be responsible for its owner.Therefore, before that happens, it is time to determine the life of the property and demolish the building.
I think it is important for the lessee to understand that.