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TitleBuilding Purchase Pre-Checklist Lesson 1: Lease Structure and Eviction Analysis2026-08-03 15:50
Writer Level 10

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Building Purchase Pre-Checklist Lesson 1: Lease Structure and Eviction Analysis

When considering purchasing a building, the first conditions many people check are vacancy rates and current rental income. However, there are frequent cases where people proceed with a contract based solely on the condition of full occupancy, only to face significant setbacks later when they are unable to proceed with remodeling or move into the office at their desired time.

Under the Commercial Building Lease Protection Act, a tenant may exercise the right to request a contract renewal for up to 10 years if legal requirements are met. Even if a buyer of a building purchased it for the purpose of remodeling or direct use, they cannot arbitrarily evict an existing tenant unless there is a legitimate legal reason for eviction.

Ultimately, as the handover is delayed, business and remodeling plans are postponed indefinitely, and there is a risk that the burden of loan interest, a financial cost incurred during this period, will be fully passed on to the buyer.

To prevent such risks, you must verify several details before making the final payment. First, you must conduct a thorough review of all lease agreements to individually identify the initial move-in date, remaining contract period, and the duration of the right to request contract renewal for each tenant on every floor and unit.

In addition, to prevent legal disputes, you must clearly include a special clause in the contract stating that the handover will be completed at the seller's responsibility and expense before the final payment is made. Finally, you should verify whether a pre-litigation settlement agreement has been drawn up or is planned with the existing tenant to manage the risk of eviction in the event of a breach of contract in advance.

Successful building investment does not stop at simply comparing purchase prices; it begins with a precise analysis of the legal rights and relationships underlying the contract.

If you require specialized commercial real estate consulting, such as negotiating tenant terms, analyzing eviction risks, and reviewing special contract clauses, please prepare safely with REMAX.


Transaction Inquiries: 02-558-0220

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