New law on eviction of poor tenants in Spain

In Law No. 37 of October 11, 2011 , entered into force on 1 November this year , was implemented several important changes in the Spanish Civil Procedure Act . One of the changes relate to the possibility of getting evicted tenants who do not pay rent or break the lease on the other significant points.

As everyone knows it can be tough to be a landlord in Spain. Renter’s through legislation a good guard, and both the police and the legal system malfunction if a tenant does not pay for itself . It can go very slowly getting thrown out a bad tenant, even if you eventually usually regains control over his property through the courts. These problems mean that many are reluctant to rent out. Horror stories are many.

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To stimulate the rental market and in an attempt to clean up a weak legislation , it is now introduced rules to simplify draft primordial process. It is not a change in legislation that affect the tenant’s rights in husleieavten , there is legislation which only affects the process of getting evicted a tenant who does not pay or breaks leash at other points.

The new eviction process called ” deshaucio express” – express eviction.
One must still take legal action , and take action in the courts. But the news is that now the tenant is ordered by the court within 10 days to do one of three alternative things :

1 ) Moving volunteer from the apartment .
2 ) Pay it due to the landlord.
3) enter an appearance in which he opposes the landlord’s claims, and simultaneously deposit the entire amount in dispute court account pending case.

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If the response does not come within 10 days, the court adopts decision to immediately implement the eviction with the help of the police. It does not leave a new preaching to the poor tenant . While the landlord can require judgment for the amount of money .

If the lessee places an equal and oppose the writ , must all outstanding rent, interest and costs of the case , and an estimated future value of the time the case is ongoing, deposited in court account of the lessee. If the tenant does not attend the trial, pronounced judgment of eviction implemented immediately as described above.

If the trial goes as planned , the parties have just 6 days to appeal , and the tenant can only appeal if he additionally depositing the rent incurred during the process . The condition for granting this saving landlord for several months of proceedings, and is believed to be effective because many tenants do not ” bother ” to try to defend themselves in the courts . The new rules will therefore be particularly landlord to good tenant which obviously has breached the contract and not pay .

The new rules differ much from the old in that the deadlines are much shorter, because they receive the help of the police to evict the tenant immediately afterwards if the tenant does not respond or simply fail to pay , and by acting after receiving judgment in its favor must not begin with a ” new case ” for the eviction , with lots of preaching , etc. ( like now ) .

The rules are intended to prevent a bad tenant cakes can exploit the system and the inertia of the courts of Spain without risk. Want a poorly paying now to oppose the lawsuit , he must deposit the money, if not he will not have access to the legal system. And a bad tenant can no longer reach ” disappear ” and that set impossible do an eviction process .

The rules are quite new , and time will tell if they work as intended. In any case, they are considered to be good news for anyone who owns property in Spain and rent them or considering renting out. Landlord’s legal position is now stronger . We recommend that you use the law to design a lead , and that once a tenant stops paying or otherwise violate the contract, contact your attorney to take action .




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