Job insecurity derived from recent years has put a large number of people in a difficult financial situation. Suddenly many are unable to make their payments, including their rent. In this context, it is important to know how the procedures work in case you need to recover a rented property due to non-payment.
The eviction trial is regulated in article 250 of the Civil Procedure Law and its objective is to control the judicial process around the eviction. Through this procedure, the landlord can recover a home when the tenant does not pay the corresponding rents that have been previously agreed in the contract.
In order to start an eviction trial, it will be necessary to meet a series of requirements:
Although it is the most installed idea in our heads, eviction trials do not always address issues related to non-payment of rent, sometimes they are caused by other issues such as breach or termination of a contract. There are different assumptions and reasons why a landlord may need to start this procedure with the intention of recovering a home.
As we have already mentioned, the main and best known cause is the non-payment of rents. In the event that we are faced with this assumption, the landlord may initiate the process to immediately recover the property, even requesting the payment of the amount owed.
In the event that the contract has been finalized and the tenant does not leave the property, the tenant will be asked, beyond the abandonment of the home or the unpaid installments, an extra amount for all the damages and prejudices that may have been caused to the tenant. prevent the owner from offering the place for rent again. In this case, the intervention of a calligraphic expert may be necessary if there are handwritten documents substituting the contract.
If the tenant sublets his home, he is again breaking the contract with his landlord. Given this situation, it is possible, once again, to initiate an eviction trial. An example of this practice is the subletting of the home for a vacation rental.
The landlord may claim both the abandonment of the home by the tenant and the payment of the rent due. This can be done in two different cases.
In the first of them, the property would be recovered immediately to later start the process of rent recovery, while in the second both issues would be claimed at the same time.
How long can an eviction trial last?
A specific duration cannot be established when we talk about an eviction trial. Each case is subject to conditions that will determine how long this procedure can take in time.
Despite the particularities of each of the specific cases, we can make an estimate of a minimum of six months from the start of the procedure. In the case of a quick or express eviction, we would be talking about three or four months.
To save time, the notice of an eviction judgment can be served by the landlord himself. Subsequent to this, the procedure must wait for the trial itself to be held and the resolution of the Judge or the Court.
There are ways to avoid going to court for eviction that may be more useful or easier for us, for example with a formal claim for debts by means of a burofax.
This is the case of enervation to eviction. This term refers to the possibility that the tenant has of being able to pay the debts to his landlord in order to avoid eviction, yes, this measure can only be used once during the lease.
The enervation will not be possible if the landlord has already requested the debts from the tenant in a reliable manner and the tenant has not paid the required money.
