How to make an express eviction
In the current situation, it can be very useful to know how we can carry out an express eviction in case we have to apply one or avoid it. Remember that the landlord can cancel the contract and recover their home as long as it is as usual residence and for direct relatives without this being included in the contract or has been agreed and giving 2 months advance notice to the tenant. In .com we explain how you can apply the new Law of Eviction Express if you have problems with the tenant or the landlord of the house.
To begin the procedure of the new Law of Eviction Express, the tenant has to accumulate a single month of non-payment . It should be borne in mind that, to ensure this payment, before starting to live in the house, you can request a few months in advance as a deposit to cover possible defaults. In cases that can be covered by the payment for the bail set, can not be reported.
After that, the tenant has 10 working days to pay the necessary amount. An important aspect is not to write off if limiting supplies such as water or electricity despite the non-payment, since the obligations of the contract would be breached and the non-payment could not be reported.
If the tenant does not pay the amount, the claim can be taken to a Judicial Clerk, who, without trial, can issue the eviction order. To do so it is advisable to go or consult a lawyer, in addition to paying the corresponding court fees.
Once the eviction order is issued, the tenant has 20 days to appeal . The appeal could be used as proof of the defaults or as a report of any irregularity in the contract or its application. In case of appeal, the possibility of trial is high, so now if you must resort to a lawyer to advise, in addition to a solicitor.
When these 20 days pass and the tenant does not appeal, then the owner of the house can apply the eviction, although the whole process usually lasts about 5 or 6 months . It is important not to forget that, if the eviction is judicially denounced, the amount corresponding to the unpaid rents can also be claimed.
- For more information and so that the process can be carried out in the best possible way, contact your trusted lawyer.