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What is it and how is it processed?

The term eviction refers to the eviction of the occupants of a property by court order.

Eviction is the way to recover the home when the tenant stops paying rent or supplies or when there is another legal cause of eviction and the effective eviction of the tenant is intended.

Currently, the eviction is processed through a verbal, shorter, faster, and simpler procedure that lasts between 3 and 6 months from the filing of the lawsuit until the recovery of the property.

    Steps to follow:

    1. Burofax: Extrajudicial claimIt is not mandatory, but it is recommended to prevent the lessee from undercutting the eviction action.
    2. Filing of the eviction claim
    3. Admission of the lawsuit and determination of the trial and launch date
    4. The tenant has 10 days to:
      • Do nothing (frequently)
      • Enervate the eviction action. It is a tenant’s right that can be exercised once and as long as no extrajudicial claim has been submitted by the owner. It consists of paralyzing the judicial procedure paying all that is due and must be exercised within 10 days from the notification of the demand.
      • Deliver the property and / or pay the debt
      • Oppose (tax reasons)
      • In case a cancellation has been offered, accept it and hand over the property.
    5. Hearing (in case of opposition) / Judgment (and if applicable, launch)

     

    Documentation:

    To initiate an eviction procedure the following documentation (photocopies) will be necessary:

    1. Real estate lease
    2. Property deed of the property or simple note from the Property Registry
    3. Commercial deed of incorporation if the property is owned by a legal person
    4. Unpaid receipts of monthly rent and, where appropriate, supplies
    5. Payment requirements and / or Burofax if any.

    Causes of eviction:

    1. Eviction for non-payment of rent or any of the amounts whose payment corresponds to the lessee. Along with the eviction lawsuit, you can claim unpaid rent and / or supplies.
    2. Eviction for non-consented sublet
    3. Eviction for not allocating the house to the agreed use
    4. Eviction for carrying out annoying, dangerous or illegal activities
    5. Eviction for works not allowed
    6. Eviction for precarious
    7. Eviction by necessity of the property as long as it is planned
    8. Eviction for breach of other legal obligations

    Contact us and we will take care of all the necessary steps so that you can recover the availability of your property as soon as possible.

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    One of our eviction specialists will respond to you in less than 24 hours.