“Part of the basement in our house, with the former manager's tacit consent, was occupied by one workshop. Later we found out that it was illegal. When the apartment owners took over the house, the owner of the workshop was offered either to conclude a normal contract and pay for the rent or to leave.
He preferred the latter, but he has not removed his equipment for several months. How can we free this space without it being classified as self-help? Is it necessary to go to court or is there a simpler solution?
Rihards Bunkas, Chairman of the Latvian Association of Lawyers:
– Judging by the content of the question, the basement is part of the house — accordingly, it belongs to the co-owners of the house in ideal shares. It should be clarified whether any rental agreement was concluded with the owner of the workshop, and if so, with whom exactly and under what conditions? Or did the former manager illegally rent out the premises and pocket the money?
If a homeowners' association has been established, then there is obviously a person (board, chairman) authorized to represent the interests of the apartment owners. This individual or legal entity should simply contact the State Police and inform them that there are items in the premises belonging to the house, the probable owner of which has not collected them for a long time and is also not paying for their storage.
It should be understood that ownership of any property is not only a right but also a duty. If the owner of any property (movable or immovable) does not fulfill their obligations regarding their property for a long time — it is considered abandoned under Latvian law and comes under the control of the state.
Therefore, the following procedure should follow: the police are called, and in the presence of the officers, an act is drawn up, after which all these items are transferred for further storage and/or use by another responsible state structure.
If after some time the owner of the items decides to collect them, the co-owners of the basement will have a document regarding the transfer of these items, made in accordance with the law, and the owner will not be able to make any claims in this regard.
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