Q: I’ve discovered that my property is being rented out to other people for their holidays without my knowledge. What should I do?
A: The approach you can take would likely depend on whether there is a letting and management contract in place between you (as the owner of the property) and the developer (or a party related to the developer, etc - for short we refer below to all such as the developer). In some such cases, the developer has the right to rent the property out.
If there were such a contract, and it entitles the developer to act as a lettings agent, then you should look to the contract to claim the rental income back from the developer: as an owner you would generally be entitled to it by default. If you would like letting without your prior consent to stop, then you need to request and negotiate an amendment of the contract in this sense.
Where a developer, etc, has no contractual right to let your property or the occupants have not been let in by such a letting agent acting on your authority, you should give notice to the occupants to vacate the property and we can advise further on the mechanism involved. In case any occupiers fail to comply, you may apply to a court to evict them and claim compensation from them via the court for the unlawful use of your property.
AFI Europe group - ongoing legal support
In 2012 NBLO has continued to provide a full range of legal advice to its long-term client AFI Europe NV and its seven subsidiaries in Bulgaria. Our advice has ranged over a variety of issues – from day-to-day corporate governance and company secretarial work, to complex corporate transactions and banking and financing matters. We have also carried out two due diligence projects on behalf of AFI Israel Properties Ltd. in view of the contemplated public offering of the company on the Israeli Stock Exchange.
© New Balkans Law Office 2020