Eviction is the process by means of which a person retakes possession of a property, in this case, a house. It is regulated both in the Spanish Civil Code and in the Spanish law on Urban Leases.
In this article we will deal with eviction for non-payment of rent and the process to follow.
In what cases does eviction take place?
The eviction process can occur for different reasons, among the most common: non-payment of rent, expiry of the lease term, as provided for in the contract and in the Urban Leases Act; non-compliance with the stipulations of the lease, illegal occupation…
In the first place, and once we find ourselves with the first non-payment of a monthly payment, the most advisable thing to do is to communicate this situation to the tenant in order to give him the possibility of catching up with the outstanding monthly payments.
This communication can be done verbally, since firstly we want to reach an amicable solution. And it is possible that the non-payment is due to a specific circumstance beyond the tenant’s control.
If we have not succeeded in getting the tenant to pay the rent, we can act in two ways: sending a new request, but this time in writing and with acknowledgement of receipt and content, commonly known as a burofax; or go directly to court.
At Imont Legal & Taxes we always recommend sending a formal notice, in other words a burofax, in which the monthly payments due will be demanded to be paid within a certain period of time (usually between 15 and 20 days). In this notice, we will also indicate, and this is very important, that in the event of non-payment within the period indicated, the tenant will have lost any possibility of waiving the eviction order in the courts.
What does it mean to waive the eviction order in the courts?
Waiving the eviction order means that, once the eviction lawsuit has been filed in court, the tenant has the right to stop the eviction if he/she pays all the rent and other amounts due within 10 days after the eviction lawsuit has been admitted.
This will mean that the landlord will have incurred a series of legal costs in bringing the eviction order and that the tenant will be able to stop the eviction and continue renting the property, paying all the amounts owed.
As we have said before, the way to be able to «cancel» this power of the tenant to stop the eviction order, is by presenting the burofax in the first place; because if once presented and the tenant does not pay within the period granted and we have to file the lawsuit in court, the tenant will no longer have the option to avoid the eviction by paying the amounts due. Basically because he was already granted that option with the burofax.
Therefore, by presenting a burofax we could obtain in an affordable and quick way the payment of the amounts owed by the tenant. And in the event that this was not attended, we can file the eviction lawsuit and claim for amounts. So, with the same lawsuit we can obtain the eviction of the property, as well as the payment of all the amounts owed by the tenant at the time of filing the lawsuit, as well as all those that are accrued during the course of the legal proceedings.
At Imont Legal & Taxes, as experts in real estate law, we have extensive experience in the settlement of legal disputes within the real estate and horizontal property world. If you are looking for a law firm to help you with the advice and steps of the eviction process, contact Imont Legal & Taxes. Our experience, expertise and personalised treatment of our clients is our hallmark.