No. It is advisable that the tenant’s right be registered in the Property Registry before the new property.
For this assumption, we could say that there are contradictory versions not yet resolved.
There are those who consider that the right of the tenant to be duly recorded in the Property Registry will be maintained, even if the auction and adjudication to a third party has taken place. Others deny it based on preferential mortgage registration.
First, we must review the content of the lease of the business premises. In the absence of an express contractual provision, when a business or professional activity is carried out on the premises, the lessee may sublet or assign the business premises to a third party, but must notify the property in a reliable manner within 30 days.
In return, the owner is entitled to an increase in rent of 10% or 20%, depending on whether the sublease or the transfer of the premises is partial or total.
The property may request the termination of the contract and extinguish it judicially, without prejudice to the claim that may be raised by the sub-lessee or the transferee of the contract to the lessee.
Yes. We must review the contract and verify that there is no waiver of these rights. In this case, the lessee shall have the preferential right of first refusal or retraction in the terms provided by law.