Legal Question in Real Estate Law in Puerto Rico

Re: How to remove a tenant from my home?

If I understand atty Jorge Catala correctly that the legal fees are 33 1/3 % of sale price of house......it is well worth it to offer to pay the tenant to vacate!!!!!!

Re: How to remove a tenant from my home?

You have essentially posed three different question, how to evict the tenant, how to sell the house, and how to do it all without setting foot in the island.

You may still sell the house, provided that the buyer is willing to continue the lease or to enter a new lease agreement with the tenant. Then there would be no need to evict the tenant.

On the other hand, if the tenant or buyer do not want to continue the lease, then you will have to evict in other to sell.

That would be the simplest approach, and probably you will need a real estate agent rather than an attorney for that.

To evict the tenant you will have to send this person an eviction notice. It depends on the rights that might have been given to her, whether a lease contract was entered and whether anyone included the house in any low-cost welfare housing program.

That will control the time-frame, and probably the ability you will have to evict them on a practically short period of time.

For whatever you whish to do with regards to selling the house you will need a power of attorney that authorizes the sale of the house to the person with the power of attorney.

Re: How to remove a tenant from my home?

1. Designate a legal counsel in Puerto Rico.

2. He will draft and send your grandmother a Power of Attorney so that he represents her in the legal process.

3. Then he will notify the tenants to vacate the property.

4. If they don't vacate, then he will file a civil action to remove them from the premises; or, he can offer the tenants to buy the property, in which case he will arrange the financing of the transaction.

5. If the tenant refuses to buy the property, then he can sell it to someone else.

6. At the end of the process the attorney will submit a statement of the transaction, retain his fees, and send the balance to your grandmother.

7. The legal fees are 33 1/3% of the selling price of the property, plus property taxes, Appraisal report, and 1% Notary fees, plus recording fees.

Re: How to remove a tenant from my home?

You need an attorny in PR to repesent your grandmother. Call me if you need a referral.