Eviction at the end of the contract period.This is what is currently known as express eviction. It occurs when the tenant of the property, after a certain time living in it, fails to comply with the established payments. One of the most common and the one we are primarily focused on in this article. There are nowadays in Spain different types of evictions. On the other hand, it is the Civil Procedure Law (“Ley de Enjuiciamiento Civil”) that dictates how the judicial and legal process of eviction is to be carried out, in its article 440.3 and 440.4. For in its provision 27.2 a) it establishes that the landlord may terminate the rental contract as long as the tenant has failed to pay the established rents. In the first place, the Urban Leasing Law or LAU (“Ley de Arrendamientos Urbanos) is the one that establishes under which assumptions eviction could take place. It is also fundamental to understand what laws and regulations govern this eviction procedure for rent non-payment. This refusal would not be a valid reason for the person living in the rental apartment to stop paying or to deduct the repair from the rent.Īny secondary obligation of the lease won’t interfere with or prevent the primary obligations from being met. And this obligation is totally independent of other problems that may arise, such as the landlord refusing to pay for a home renovation.Īnd here comes the important point of the section. Thus, the tenant is obliged to pay this money on a monthly basis.
The tenant must pay rent (the monetary amount) at the end of the month in return for its occupation and use. She will still be the owner, but will delegate the possession. In a rental agreement, the landlord agrees to make her house available to a tenant. That will be the core of the future allegation. It is important to understand as clearly as possible which are the exact legal obligations inside a rental contract. Understanding the obligation within rental contracts On the one hand, the eviction is demanded (that is, the tenant must leave the property) but at the same time, the tenant must also comply with the payment of all unpaid rents up to the date in which he leaves the property. In addition, it can be said that this process is based on a double claim. The tenant who fails to make the payments is then forced to leave the property. However, when this attempt fails, the landlord decides to file an eviction lawsuit so that a judge can make the decision. Most often, the landlord has first tried to solve the problem directly with the tenant, in a “friendly” manner. In other words, it is the process by which the owner of a house or apartment that was rented to a third party, resorts to the law to evict the renter from that property because he has not complied with the payment negotiated at the end of the month. 7 Do you need legal help? Eviction lawyer helps you out What is an eviction?Įviction is the legal procedure by which a landlord can evict a tenant for non-payment of the rent.
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