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How to prevent execution in a rented apartment?

One of the intruders and unpleasant visits to the apartment is surely coming of executor. In the case of a rented flat execution may affect how things lessee and the lessor, even though it is a debt to the other side of the tenancy. The executor may come due to debts husband lessor or lessee. So how to prevent foreclosures have affected your stuff?

Possible future debts for rent and services can insure the landlord that the tenant will require a cash deposit. However, the landlord can not logically affect the fate of other debt tenant. "Landlords sometimes think that execution in the apartment will prevent that prohibit tenants set up in a rented apartment residence. But it is not according to law. Additionally, the execution should be properly carried out at the place where the debtor actually resides. Thus, the execution can be carried out in an apartment, even though it does not reside tenant, "says Luke Green, head of the legal department Dtest.

Executions in the apartment but can be done not only for the debts of the tenant, but also for the debts of the landlord. The lessee would when arranging the lease should care about whether the apartment has no permanent residence, for example, the previous tenant. "Execution although it should be implemented in the apartment where the debtor actually resides, but check-out residence prior user can definitely recommend it. It is not excluded that will later argue with the executor of the former user of the apartment do not live there already, "says Green.

As proof of ownership of things can serve the lease contract and handover protocol in which it is possible to describe the furnishings so that it becomes clear that things belong to the landlord. Ownership right to property is also evidenced by receipts or account statement. "If you find yourself on the list of things not belonging to the debtor executor, you can ask for their removal within 30 days arising from the day when you learn that your belongings are included in execution. If you are the executor fails, and there would be submitted before the court claiming exclude things from execution, "says Green. However, the action shall be brought before a court within 30 days from receipt of the executor, who failed to withdraw the matter of execution.

Problems with the surprise visit executor may also occur due to debts husband lessor and lessee. "The fact that the debts of one spouse may be affected and property of the other, unfortunately, many people are still unaware. Defense may be a separation of assets in the form of a notarial deed, "says Green.

Consulting in lease relationships and relationships related to housing provides dTest thanks to financial support from the Ministry for Regional Development of the project dTest helps with problems with housing.

Source: tz

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