When former owners must release sold an apartment
This question should be provided at the stage of signing the contract of sale.It should be made clear in what terms the former owners should check out and vacate the apartment.Usually, they are required to do so after you receive the certificate of state registration of rights to bought an apartment.The procedure for the release of the living space includes removal from the register and exportation of items belonging to former owners and furniture.
Referring to the letter of the law, in st.457 Civil Code states that the goods sold, which is the apartment must be handed over for use by the purchaser withi
n the period specified in the contract.In the case where, for whatever reason, you have this term in the contract did not specify, in accordance with Art.314 of the Civil Code it is defined as "reasonable".
How much can still be in the apartment, so that this term was considered "reasonable" exactly nowhere stated, but on the basis of practice, it should not exceed 1 month.However, nowhere spelled out, at what point should begin countdown after signing the contract, the transfer of money or the date that is on your certificate of ownership of the apartment. document confirming the legal release of the apartment is a reference to the new place of residence (registration) or a passport with a stamp of an extract from the apartment.
That's why it is important to anticipate and specify the time period in which apartment will be fully available, even in the contract, if you do not want to have said "reasonable" period determined by the court.In the case where the owners have not left the apartment in a month, you have every reason to go to court with a lawsuit to evict them.
How to register in the contract terms and conditions of eviction of previous owners
you can include in the text of the contract of sale of a point: "The seller undertakes to fully vacate the apartment and remove the register in time before 1 January 2014", but you cantie evictions and by the time the contract is signed by both parties.In this case, it should be the phrase that "the seller is obliged to withdraw from the registration and release of their belongings from the apartment for three weeks from the date of signing this agreement." specify the conditions of final settlement only after the liberation of the apartment, you can supplement it with penalties for each day of delay.
You can make secure and make the contract a condition that part of the amount for an apartment, for example, 10% of its value will be stored in a separate safe deposit box and the seller will receive the remainder only after it removes from the passport records andtake out their belongings from the apartment.