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What is an eviction?

Do you know what an eviction is and when you can use it?

Real estate and sales law
What is an eviction?

Eviction is the legal action thanks to which you can remove people who are in your home without permission.

Below, we explain some of the situations in which you have to use this legal procedure:

- Illegal occupation

It is when the person / s enter to live in a house without the consent of the owner. Currently there is a procedure called eviction. This consists of the fact that once the legitimate owner has filed a complaint with the Court, the Court will ask the occupants to present, within a maximum period of 5 working days, a title that justifies that the home is theirs. Otherwise, the court will order the immediate delivery of the home to its owner.

- Eviction for precarious

It is the situation in which one of the heirs continues to live in a house with the consent of the other heirs, but without a contract and without paying rent. If at a certain moment this permission is withdrawn, eviction due to precariousness must be used. That is, one of the siblings no longer agrees that someone lives at home.

- Eviction due to termination of contract

When the lease ends, the tenant must leave the building. If he does not, the owner must report the eviction.

- Breach of contract

Some of the assumptions of this breach are:

1. Not paying the amount of the deposit or its update.

2. Failure to pay the rent or any of the amounts to which the tenant has agreed to pay (assimilated amounts: community of owners, non-payment of electricity bills, water, supplies, etc.).

3. Subletting or transfer without consent.

4. Carrying out premeditated damage to the property or works not permitted by the owner when the owner's consent is necessary.

5. When annoying, unhealthy, harmful, dangerous or illegal activities take place in the home.

Laws that regulate eviction

The Law of Civil Procedure is the one that regulates the processing of the eviction trial. The keys are the following:

- The intervention of a lawyer and solicitor in the procedure is mandatory.

- The jurisdiction corresponds to the Courts of First Instance of the place where the property is located.

- The owner can choose to only claim the monetary amounts or add it to the recovery of the property.

-If it is due to lack of payment, it must be indicated whether or not he can invalidate the eviction.

This means the possibility for the debtor to pay and end the trial, an option that will only be given once during the life of the contract. There will be no enervation if the landlord, before filing the eviction lawsuit, had required the tenant by any reliable means (for example, a burofax) at least thirty days before filing the lawsuit.

- If you do not pay or do not appear at the trial to oppose or acquiesce, a decree will be issued terminating the eviction trial and the release will proceed on the date set. This means that the judicial commission will remove the squatter by force if necessary.

- Appeals will not be admitted if, when filing them, the tenant does not justify in writing, having paid the overdue rents and those that, according to the contract, must be paid in advance.

If you find yourself facing an eviction case and want to recover your home, call us and enjoy the show.

Real estate and sales law

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