are the bane of many landlords and a blight on the rental market. delinquent tenants are putting at risk many years and owners do with the law and taking advantage of the slow hand of justice and loopholes.
But what tricks they use and what are the most harmful?
Before entering the trial
1 .- When a tenant fails to pay income and the owner decides to go to court and file a lawsuit, " the most common is that the defendant will not delay proceedings by taking the service of process," says Gustavo Rossi, founder of Rental Insurance. If the defaulting tenant is notified there is no trial in his absence and, therefore, not eviction.
For these cases, the modification of the Civil Procedure Act provides for notification by advertisements that are posted on the bulletin board and the court itself to assume that the defendant is given by appointment for the trial. Some courts, the least-are reluctant to allow them, according to lawyers consulted by Cotizalia.com . In these cases, we proceed to find the address of the tenant defaulting on delaying the trial so called. In addition, when to bring the edict, the procedure is delayed days it takes to publish , which sometimes makes it difficult to keep the appointed date for eviction.
Upon receipt notification
2 .- In the three days following receipt of notification, the tenant may ask legal aid or to appoint a lawyer . If requested, in Madrid is the Bar who should decide whether that person is entitled to such assistance or not free. Until it is pronounced two or three months-no trial or eviction. The procedure is suspended.
3 .- At other times, the defendant requests legal aid past three days. Even the day of the trial, so that it can be back on the air since the judge to prevent the helplessness of the respondent, adjourned the trial at times although the Civil Procedure Law states that if the application undertake at a later time, "the failure to appoint a lawyer or attorney for professional not suspend the trial, except in the cases referred to in the second paragraph of Article 16 of Law 1 / 1996 of January 10, Legal Aid ".
4 .- According to remember Rossi, Civil Procedure Law also allows a tenant to rebut defendant's eviction action. Paralyze at the time you pay the rents and amounts due before the trial and provided the property owner does not have required the payment of such amounts with at least two months prior to filing demand. You can only weaken the action once for each contract.
5 .- When the judge has already ruled and doomed to tenant it can ask a lawyer or solicitor face eviction. In this case suspended the proceedings until the Bar Association to decide whether the convicted person is entitled to it. Once again, the process may be delayed up to two months. Also during this time are suspended annuity payments and prevents the seizure of economic quantities.
On the day of eviction
The landlord is with many other problems on the day of eviction , when it was held trial, the court convicted the tenant and no date to vacate the premises. At the launch involved the judicial commission, the attorney for the landlord, the police, a locksmith - is required to change the locks and keys - and it is recommended that the owner is also present to reflect on the record, the damage he could find. When there's eviction and the tenant is not, there are several circumstances that can delay the process a few days.
6 .- When entering the building there animals (dogs, cats, snakes ...) not You can celebrate the eviction . "It is necessary to call the kennel or municipal agencies to discuss these animals and get them out of the building. This can delay the process a couple of days, but can be extended to a month, depending on the circumstances, "said a lawyer at this site. Once displaced animals, the judicial commission should set another date for eviction, so it also depends on the agility of this delay that may occur.
7 .- can also occur if you open the door a child or a sick person . In this case should be notified, in the case of Madrid, Samur Social, which would delay the eviction several days.
8 .- The same applies if the property is littered . It also would step Samur Social or body concerned to avoid any danger to public health.
That there are animals, children or trash can delay the eviction few days is the norm. Although the sources say it could be more, but depends on the court. is usually at most one week.
9 .- Sometimes there is so much furniture tenant that if he so requests, the Judicial Commission allows you to delay the eviction a few days more. To remove these appliances.
Most damaging to the owner, the criminal
10 .- Against all this, which is resolved in the courts by civil proceedings, the worst that can happen to a landlord is the tenant defaulting go through both criminal arguing forgery or fraud. What does this mean? The tenant can say that the lease is false or that its signature is not yours. If this happens criminal proceedings are encouraged to cripple the civil procedure .
This does not mean that the owner can not take the floor tenant, but the sources say it is not advisable until the resolution of the criminal proceedings, which may last three or four years. Moreover, once there is a criminal sentence, the tenant may appeal to the Provincial Court, once again extending the deadline. It may take a year if the statement is filed or four, depends on many factors: whether there is dismissal, resources, collapse of justice , etc.
The sources point out that when the lease is through an estate agent usually do not resort to delinquent criminal proceedings as there is a third party that recognizes contract that is false or there has been no fraud involved.
Article extracted from " Cotizalia "
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