is easy to agree that a situation of economic crisis we are facing has many legal implications and in many different aspects. Thus, no are few references we hear or read about the rising delinquencies and unpaid bank loans and mortgages. It is also on the agenda the situation of bankruptcy, formerly known as bankruptcy and insolvency) that avocados are many companies.
And another important consequence, and of undoubted economic and social impact is, without doubt, the increase in delinquencies in the rental agreement, or put another way, the increase in the number of tenants who stop paying rent or local housing they occupy.
And what can the owner / a rented farm in this case?
To answer this question the first thing we must keep in mind is that the Law 29/1994 of urban rents, considers, in its Article 27.2, the non-payment of rent as cause for termination of the lease, noting that the landlord may terminate and void the contract for "Non-payment of rent or, where appropriate, of any amounts for which payment is assumed or appropriate to the tenant."
In the same vein, Article 35 of the LAU, which respect to leases for uses other than housing, it refers to Article 27.2 to establish the cause of termination of the non-payment of rent or, where appropriate, of any amounts for which payment is assumed or corresponds to the lessee.
Already we know that non-payment of rent can solve the lease, but how practical is done this resolution?. Or put another way, what does that make the landlord to regain possession of their property and, if necessary, collect amounts owed?.
The owner / rented a farm in order to effectively resolve the contract and recover the possession must file a complaint of verbal eviction trial, which prompted the judge declare the contract void and ordered the eviction of the farm can also claim, in the same procedure, the payment of outstanding lettings income payment and that will be accumulated until the effective evacuation of the building.
is appropriate, before filing an eviction, the tenant is required to pay the unpaid rent and vacate the property, which may be made by telegram, certified mail, return receipt requested or burofax, which is cheaper and has the same legal value as a request by notary.
Verbal Judgement of eviction, but perhaps soon to be unchanged, is a procedure designed by the LEC 1 / 2000 of January 7, to address leases for non-payment and returned to the owner the possession of the leased property a more or less rapidly, resulting in a sentence to condemn the tenant to vacate the property and pay the rent arrears and legal costs (attorney fees and attorney), as its intervention in that proceeding is mandatory. Once submitted
eviction, the court shall notify the tenant and cited to appear in court, stated in its own subpoena the date on which we will proceed to vacate the home, if ultimately is convicted, that is what known as the launch.
Also, in relation to the notice of claim to the tenant, it is worth noting that the Code of Civil Procedure allows the defendant tenant to continue occupying the property if, after you sends the application, paid or legally entered the amount of rent you owe, both which are claimed in claim as owed until the time of payment. But it is useful to know that it exists only if the payment or provision is made before the day set for trial.
This possibility to continue the lease and stop the eviction is called innervation of the eviction action, and can only be done once every lease
It can only take out the enervation of eviction if the landlord has not required reliably to the tenant to pay the rents due to at least two months before the filing the claim. If the landlord has made such a request and the tenant has not paid the debt before the filing of the complaint, eviction will no longer be weaken. Therefore insisted before, from the standpoint of the owner of the convenience of making a payment prior to, because this will prevent that, once we have started legal proceedings and have incurred attorney's fees and attorney, can come and deprive the tenant eviction action, revoking the demand.
If the tenant does not use the opportunity to rebut the eviction will take place on trial. Regarding the trial, it is important to note that in the judgments of eviction only be allowed to plead and prove the defendant tenant payment or the circumstances regarding the origin of the innervation, but not make any other claims.
Once the trial is concluded, it will notify both parties of the ruling and, if guilty, the owner may request to carry out the eviction of the farm, which, as mentioned, is called pitch, and already have a date set.
The launch is the procedure for carrying out the eviction of the farm and she is free and returned to its owner if the tenant does not leave voluntarily.
The launch is carried out by the Judicial Commission (court officials sent by the judge for this work), together with the attorney who represents the owner of the property and, where appropriate, also the lawyer who defends him.
owner will need to ensure the date and time indicated for the launch, the presence of a locksmith, who would then take care of opening the door of the property and change the locks, once housing has been evicted.
The date and time indicated by the Court to conduct the launch, the aforementioned people will come to the farm to evict and verify knocking on the door, if the house or premises are occupied.
If the property was occupied, the judicial officer shall inform occupants to be the launch procedure for having ordered the court, and require them to leave the building immediately. If the occupants refuse to leave the farm, the Judicial Commission shall request the intervention of security forces - the police -, which shall forcibly evicted the occupants of the building.
If the building is unoccupied, the Judiciary Committee authorized a locksmith hired by the owner to open the door and change the lock. Once opened
property, the Judiciary Committee, accompanied by the owner and his attorney will review it to see if any items of furniture or if the tenant has caused damage to the farm. If you should give these circumstances shall be recorded in the minutes of launch that drafted the Judiciary Committee.
shall be signed by the judicial officer who writes, Attorney of the owner and the locksmith who was involved in the launch. With the signing of the minutes taken for completion of the measure of release, making it delivery of new keys to the landlord, who is thus restored to his possession of the property.
addition, if upon entering the building was property of the tenant were there because they have not been removed by this, it is important to know that such assets are considered by law to all intents and purposes, such as abandoned property, the owner can do whatever it deems appropriate with them.
Finally, note that the fact that they make the release or displacement of housing does not prevent the owner can also, if the court so requires, try to charge the tenant claimed the amounts owed in respect of rents, you have to do running the ruling and asking the embargo measures where appropriate. Signed
.- Antonio Millán Quiet.
Practicing lawyer and Master in Legal Practice.
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