Three out of four owners fear to have to face a case of delinquency in the rental of their homes, according to the report by File of Tenant Tenants (FIM). According to this study, which argues that incidents due to late payments in rent have grown by 6.42% during the first five months of the year, 59% of the owners try to find out if tenants who have been interested in their property have a history of delinquency. But how to act before a possible case of a delinquent tenant. What should be done to try to recover the money owed and be able to evict it from the home?
For the director of studies of File of Tenant Tenants, the protectionist measures for tenants and the lack of possibilities so that the owners can alleviate the cases of delinquent rent is giving wings to the delinquent professionals. In his opinion, legislative changes have favoured the feeling of insecurity among property owners.
The judicial eviction procedure is the most agile and effective tool to regain possession of the property.
Contact the tenant
It is convenient to have specialized legal advice. In the first place, you will have to contact the tenant or occupant to try to reach a friendly agreement.
If this is not achieved, something likely in cases of professional delinquent tenants, a reliable requirement must be submitted in order to avoid enervation of eviction (the tenant has the possibility of rehabilitating the lease contract by paying the amounts due).
Filing a lawsuit
If this does not take effect, it will be necessary to request judicial assistance. The eviction procedure has a double objective: the collection of unpaid income and the eviction of the property. This action begins by filing a lawsuit, signed by the lawyer and the attorney, before the court of the place where the property is located.
Once admitted for processing, the court will indicate the date for the trial and will foreseeably order the forced eviction of the property.
How will the delinquent tenant react?
On the other hand, it is logical to ask how the delinquent tenant will react. These are the likely situations:
1) The defaulter can remain still and calm, so he would be evicted on the appointed date.
2) It could also erode the eviction, that is, pay the rent and continue occupying the property (if there was no prior requirement).
3) Or you could pay the income owed and vacate the property.
4) Evict the property but not pay the income owed. In that case, the procedure for claiming income would continue.
5) He could formulate his opposition to eviction, which would lead to a trial on the date indicated.
After the trial, the judge will rule a sentence on the payment of income and eviction, as well as the judicial costs.
Finally, the launch would be missing (at which time the occupant is evicted judicially and the possession of the property is recovered), to which the attorney and a judicial commission would go.
The approximate average time will be 6 months from the filing of the claim, including the launch, although the request for free legal assistance (in the case of credited insolvency) may cause delays in another 2 or 3 months.
Changes in the rental law
The rent reform approved by the Government of Pedro Sánchez includes, as main points, the extension of the mandatory extension period from 3 to 5 years. The increase in annual income will be linked to the CPI. The additional bail guarantees are limited to two months of rent. The landlord must notify the tenant of his / her willingness not to renew the contract at least 4 months in advance. The tenant must notify with 2 months.