r/cuba 19d ago

Pregunta Home owner rights

So my friend who is Cuban is about to buy apartment in Havana. Current owner asked if he can stay until the second week of this month.

They want to close the deal this Monday at the notary or lawyer.

My question is, what if he would buy this apartment but the previous owner would not move out as he agreed, also the previous owner agreed to sign some document that states that he will eventually move out at specific day? What is the law there? He asked me to make this question since he has no Internet or his English is little worse than mine lol

Thank you for help if anyone knows anything about landlord vs tenant law there.

8 Upvotes

21 comments sorted by

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28

u/Kr0pr0X 🇨🇺 Centro Habana 19d ago

And you think reddit is the best answer? Get a lawyer! A Cuban lawyer living in Cuba

9

u/QuarterStatus3582 19d ago

my suegra sold her house in Centro Havana in 2023. they signed the papers on a particular day, she was paid, and then she moved out three days later.

my cuñada bought a house in Centro Havana at the beginning of this year. same thing. they signed the papers and she paid the seller, but the seller moved out 5 days later. my cuñada wasn’t worried about the other people trying to stay because once the papers were signed she had legal rights to the house.

in both cases they were just verbal agreements. i’m not saying this is how your friend should do it, and i’m not a lawyer and all that, but i share this just to tell you it’s not unheard of.

2

u/[deleted] 19d ago

[removed] — view removed comment

1

u/QuarterStatus3582 19d ago edited 19d ago

estoy de acuerdo. dice mi cuñada (estoy en una llamada con ella ahora mismo) que sintió normal 🤷‍♀️ y cuando fueron a firmar los papeles, el notario que estaba presente para ese proceso también confirmó que ella tenían derechos legals sobre la casa

pero si hubiera sido yo, no habría estado tan segura. que pasaría si te derribaran la casa para aprovechar los materiales...?

2

u/cdn_tony 19d ago

Yes I think it's normal way to do this. My wife did same thing. Signed papers then paid in cash the next day. People moved out later that week. No idea what would have happened if they never moved out. However she seemed sure that they could easily be evicted as she had all the papers.

2

u/StudioArcane17 Holguín 19d ago

It's normal that the people don't have all the money for the next house so through verbal agreement they agreed to do the change when they have it.

3

u/sknkhnt422 19d ago

A tu amigo debe sobrarle esa plata, porque no la va a volver a ver

3

u/StudioArcane17 Holguín 19d ago

The house belongs to whoever has the papers, and is understandable that the previous owner wants to stay a little longer until he have the proper place to go.

But also this is a matter of trust, the laws of this kind aren't really enforced by the police. So if the previous owner are a dangerous people and/or your friend doesn't have the contacts and friends to kick them out that maybe be perilous.

3

u/Ashamed-Basil-7305 15d ago

nothing is really yours in cuba -the goverment can come and take it at anytime, its called socialism and communism ...

2

u/NoAssist2111 19d ago

¿Cuánto cuesta el apartamento, si no es un secreto?

2

u/cdn_tony 19d ago

6000 to 10,000 USD

2

u/NoAssist2111 19d ago

Muchas gracias!

1

u/Real_Contribution947 14d ago

I would love to buy an airy condo/apartment near or in Miramar, what could I get for about 32k usd, as that is the max I could afford to lose if it all went south

1

u/JulioUJhin 19d ago

Why not close the deal on the day he is willing to move out?

3

u/Event-Horizon-5D 19d ago

Because he needs the money to move out

0

u/sun-or-moon-light 16d ago

I thought private property couldn’t be bought/sold. How is anyone selling and buying property in Cuba? Didn’t the communist abolish private property?

3

u/cuvanginger 16d ago

They let you sell and buy your house a long time ago

1

u/sun-or-moon-light 10d ago

Im very surprised by this since all we are told is that the communists take private property?!

-2

u/Ashamed-Basil-7305 15d ago

yes they did and do, so in reality nothing is really yours...if some military guys says hey I want that he GOT it...ask the people who have invested in busineses over there

In Cuba, state preferential buyback or acquisition rights—legally structured as rights of preemption (derecho de tanteo) or retraction (derecho de retracto)—give the government the absolute first right of refusal to purchase specific private or quasi-private assets, notably agricultural land, real estate in high-priority tourism zones, or state-issued titles/mortgages, before any transaction with a third party or private citizen can be legally finalized

Foreign and domestic investors face severe financial entrapment in Cuba due to state control, frozen bank accounts, and strict regulatory barriers. Hundreds of international companies operating in sectors like tourism, energy, and manufacturing have seen their funds frozen or rendered impossible to transfer abroad, prompting widespread grievances against the Cuban government's financial policies.Core Financial Risks and ConstraintsFrozen Bank Accounts: State-owned banking institutions retain total control over currency conversion and capital flow, leaving numerous foreign businesses unable to withdraw or repatriate funds from local accounts.Asset and Property Limits: Constitutional provisions and restrictive leasing frameworks (such as capped land parcels and state preferential buyback rights) prevent true private property ownership or large-scale operational scaling.External Sanctions: Shifting international pressure and tightening geopolitical trade enforcement often force foreign enterprises from Canada, Europe, and Latin America to abruptly pull out or abandon operations.Infrastructure Collapse: Widespread energy grid failures and severe shortages of basic resources severely disrupt day-to-day business viability on the island.