Audacia Abogados


Submit the claim alone or hire an attorney? In which cases is it interesting to send the BUROFAX?

Real estate and sales law

In today's post we are going to explain the usefulness of the burofax in case of unpaid rent.

The most common reasons for requesting payment of unpaid rents from the tenant are:

1.- Avoid the possibility that if you initiate a judicial eviction procedure, the tenant may paralyze the procedure, in what is called enervation of the eviction action. If this happens, we will lose a lot of time in relation to the eviction procedure, avoiding the possibility of an immediate launch.

2.- Recover the income they owe you. In this section we are going to base ourselves on the following two questions:

• Submit the claim alone or hire an attorney?

Our recommendation is to have the services of a lawyer. The deal with the tenant, when using our property, is usually constant, so in case of non-payment we will have already proceeded to call him and he will have told us that he will pay us in a few days, a period that, if it is breached, will entail subsequent calls, sending of messages or emails.

In other words, the owner has already started the amicable collection process before deciding to send a claim letter.

If the tenant receives a letter, however formal it may be, it is the same again, again the owner complaining, in his own words.

On the other hand, when the tenant receives a letter of claim from a law firm, the content of the claim that he receives is clear, he pays or abandons the house, because the next thing he will receive will be a letter from the court. It is vital to know that the language used and the terms that must be complied with are special in law and therefore, not just any burofax is valid. If its content does not comply with the law, it is as if we had not made the claim.

• In which cases is it interesting to send the BUROFAX?

Our recommendation is that the claim is only sent when the amount of the debt is not too high for the tenant, for example, in the case of 3 consecutive months of non-payment. It is important to be able to proceed to the resolution of the problem before it gets bigger. It is understandable that a tenant can collect from friends, family or his employer much easier 1000 euros than 5,000.

If you are the owner of a home and your tenant decides to stop paying you, do not wait too long to claim the debt through a burofax written by a lawyer, because at the end of the day what is at stake is your money.

Real estate and sales law

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