Agreement To Exclude Security Of Tenure – Statutory Declaration By Guarantor

If a tenancy agreement is not entered into under the 1954 Act, the tenant generally has the legal right to extend the tenancy agreement at the end of the term, as previously explained. If the lessor and the tenant wish to enter into a contract to award the tenancy agreement at a later date, they must follow the contracting procedure. Indeed, by entering into a waiver contract, the tenant wants to give up his legal rights. In case of non-compliance with the attribution procedure, the remission agreement is null and void. There are two different procedures for awarding a lease depending on the speed of the transaction. Whatever procedure is used, the procedure must be carried out before the lease (or, if applicable, a lease agreement) is concluded. A prudent landlord needs a certified copy (if not the original) of the corresponding statement before entering into the lease or lease. If a lease is to be entered into, it must be a “special term.” In addition, the document itself must contain references to the warning, the tenant`s statement (legal or not) and the agreement of the parties that the tenancy agreement must be excluded from the legal guarantee of the operating rules. After receiving the landlord`s warning, the tenant must make a simple declaration or legal declaration.

The declaration must be made before the lease or, if there is a pre-lease agreement, before the agreement. If the landlord`s warning has been served at least 14 days before the end of the contract, the tenant must make a simple statement. If the warning has been notified less than 14 days in advance, the tenant must make a legal (more formal) declaration. Simple and legal forms of reporting are defined in the regulations and the declaration or statutory declaration must be made in the appropriate form or “essentially” in this form. As a general rule, tenants who occupy real estate for the purpose of a business have the automatic right to renew their lease agreement in the event of an end.