Legal Tenancy Agreement

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
08/09/2009 20:58

If there is such a thing, does anyone have a copy that they could send me with the name of the person (solicitor) who drew it up?

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
08/09/2009 21:13

ripoffrock. I wish i could help but i'm afraid i would be as useless as Brinsley at answering your question

Oxoners


Joined: 24/01/2008
Posts: 128

Message Posted:
08/09/2009 21:24

Perhaps elko2 could help, he seems to be very knowledgable on all things legal. Best of luck I hope you find what you are looking for.

TimothyCadman


Joined: 13/12/2007
Posts: 1040

Message Posted:
08/09/2009 22:21

All contracts are only worth the paper they are printed on. Any provisos that are in any contract can be challenged in a court of law. When that happens a Status Quo exists, meaning your tenant still lives there and you have no rights until the court agrees with you or your tenant.

Your problem doesn't just exist in the TRNC but Worldwide. The wheels of justice always turn slowly as they are very much overwhelmed by the amount of people who are seeking justice.

AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
08/09/2009 23:19

Out of interest what sort of tenancy agreement exist in TRNC are there any that are roughly the same as here in uk ie 6 month 1 yr assured short hold? which can be renewed

Also are there any longer term assured tenancies ie a five yr say with rent increases in line with inflation in TRNC to be agreed on an anual basis to be no more than xyz above inflation

ataturk


Joined: 09/09/2008
Posts: 712

Message Posted:
08/09/2009 23:42

I have emailed you a copy in english and turkish. I think for it to be reasonably official you should get it stamped by a noter.

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
08/09/2009 23:49

ataturk,



Your a diamond, I'll take a look.

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
08/09/2009 23:57

ataturk,



Many thanks, I will give it a closer read tomorrow.



Cheers

TimothyCadman


Joined: 13/12/2007
Posts: 1040

Message Posted:
09/09/2009 02:13

AlexF065,

Any type of tenancy agreement is avaqilable from 1 month to infinity. The problems start at the end of the tenancy term. If the renter doesn't want to go then you are required to seek a judicial decree to remove them. It is that process that is slow. The tenant is not breaking any criminal law (so the Police have no powers) by staying but civil law, and so the only way for you to get back that which is rightfully yours is to goto court. Even in the UK you will find the same rules apply but at least the UK system can work pretty quick, compared with many countries, to give you rights over your property again.

Only a strong willed person should ever consider becoming a landlord. You need to have a ruthless streak.

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
09/09/2009 05:36

Many thanks,

AlexFo65 for the question and Timothy Cadman for the reply.



Cheers.

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
09/09/2009 08:04

Now, Now ripoffrock lets not get apple pasty, i was just giving the same help that you gave Oxoners earlier on in the evening - http://www.cyprus44.com/forums/22205.asp



Cooper

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
09/09/2009 15:04

I was actually trying to make the point, that some people have nothing better to do than sign on and make stupid remarks to serious questions.

AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
09/09/2009 18:49

Oh dear!!

Thank you for the answer Timothy

yes much the same in uk but you can get an eviction notice quite quickly I was incidentally not thinking of becoming a landlord but a tenant

After reading about all the problems I decided that to rent at first would be best untill i had gotten to know my way around things and an understanding of the way things work on the ground so to speak

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
09/09/2009 20:38

You can find a template for a tenancy agreement somewhere but it is like finding a shirt tailored for somebody else. I suggest you go to an experienced lawyer to draw it up for you and get the latest legal background on the matter. Some points to remember:

1. An agreement does not have to be stamped and it is valid all the same, however if you have to submit it officially somewhere like the court you have to stamp it with penalty which will cost you three times than the original. You may need a stamped copy anyway for electricity and telephone connections.



2. Any agreement for over a year has to be signed by two witnesses in the presence of each, otherwise it is only valid for one year.



3. The law has been largely liberalized recently and only in certain areas the restrictions hold. However in the restricted areas you cannot get a tenant out unless you have one of the reasons listed in the law. Find out if it is in the restricted area or not.



4. Make sure water and electricity is in the name of the tenant, if they dont take over within a month have the water and/or electricity cut. Stipulate this clearly in the contract.



5. Stipulte clearly that Lighting and other municipality charges mut be paid by the tenant.



6. Put a stiff increase in the rent after the agreed period to force the tenant to agree with you, otherwise force them to pay the much higher rent.



If you ask me the matter is too technical to deal with each individual cases using standard templates but of course its up to you.

ismet

http://www.elkocyprus.com

Oxoners


Joined: 24/01/2008
Posts: 128

Message Posted:
09/09/2009 21:19

Elko



How do you find out if your property is in the restricted area you mentioned above.



Also how do you find an experienced lawyer, as it appears from most of the postings on this site that good lawyers are rare in TRNC.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
09/09/2009 21:30

msg. 17,

Many areas were taken off the restricted list during the CTP government but some were put back on the list soon afterwards due to pressure of nearing elections. It is done by the decision of the Council of Ministers and published in the offical Gazette as Appendix 3 or 4. These are not published on the website of the Courts, hence not easy to find out unless you consult an experienced advocate and they may not be able to tell you offhand. Some they can tell straight away but some areas need looking into.



I am always weary of recommending any lawyer in TRNC unless I have much influence over her

ismet

http://www.elkocyprus.com

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
09/09/2009 21:33

Oxoners



If you ask Ismet he knows a good Advokat* quite well and is known to advise her and her clients.



Tom



* Lawyer

ripoffrock


Joined: 05/08/2008
Posts: 255

Message Posted:
10/09/2009 06:22

You are banned for a period of time , i have deleted your post due to your uncalled for foul language and personal remarks against a fellow forum member . .... Simbas