How To Evict A Tenant Who Does Not Pay?

Renting a flat always entails exposing yourself to the odd problem, and sometimes not an easy solution. One of the most feared, without a doubt, is non-payment by tenants. But what can we do when we come across it?

From the outset, the property owner can file a lawsuit as soon as there is a default for the first month, without the need for them to accumulate.

But before you file the lawsuit for non-payment of rent, we advise you to reach a friendly and reliable agreement. One of the ways is by burofax, notice by the notary, or by some other similar reliable means.

In this prior notice, the amount pending payment must be paid and set a term for payment, which will be opened from the same communication. If not, you can proceed with the legal claim. That is an eviction for non-payment.

In this procedure, two things will be required: that the debt be paid and that the tenant be evicted if the payment is not made.

In this situation, you will need a lawyer’s intervention, so we advise you to put yourself in the hands of a good professional. In this sense, if you wish, you can count on our lawyer services. We will prepare and follow up on your case with you.

Initiation of the eviction procedure for non-payment

  • The demand will be presented before the courts of the first instance of the domicile in which the property is located.
  • The court will notify the rented address, and if it cannot contact the interested party, it will be published by edicts.

The tenant, if he decides to proceed with the payment before the trial – the initial debt and the monthly payments – the eviction will be paralyzed except for two situations:

  • Let it be the second eviction procedure for non-payment of the same tenant.
  • That the tenant has not tried to pay the debt in the agreed period from its reliable communication until the plaintiff’s date for the eviction.

In this case, if the debt is not paid, or if the payment thereof is subject to any of the exceptions contemplated above, the default procedure will result in an eviction of the tenant from the same address. If the tenant does not leave the house voluntarily, a forced eviction may occur through the public forces or the landlord’s lawyer and the court official.

Suppose the tenant still refuses to leave home. In that case, an investigation of the tenant’s assets will be carried out to seize the amounts that can cover the debt, in addition to the default interest and the legal costs if the court considers it.

This is the procedure established by law, but this will depend on the stipulated rental contract. If your situation becomes different and encounters a problem with these dimensions, do not hesitate to contact us to address this case together. We will advise and accompany you at all times.

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What Types Of Employment Contracts Are There?

As you well know, labour contracts are voluntary agreements between a company and the worker in question. The latter undertakes responsibilities to perform certain services under the former’s direction in exchange for remuneration.

Thus, for the contract to be lawful and valid, both parties must agree, and these requirements must be within the framework of the law.

And of course, there are different employment contracts, see which are the main ones according to their duration. In this sense, if you have any type of doubt or uncertain situation with your employment contracts, do not hesitate to go to our law firm.

Employment contracts for an indefinite period

These employment contracts are commonly known as fixed contracts, which, as their name indicates, do not have a stipulated expiration date. Within this type of contracts are the contracts for regular indefinitely, employment contract fixed discontinuous and indefinite contract support to entrepreneurs.

Fixed-term employment contracts 

As you will deduce, this type of employment contract provides for an end date. And apparently, they are the most abundant today. But the conclusion of fixed-term contracts is subject to some of the circumstances provided by law, giving rise to different types of fixed duration.

  • Internship contract: it is intended for people with a university degree, intermediate or higher level training cycle, and obtained in the last four months. The purpose of these is formative, and therefore that the worker adopts an adequate professional practice and following his studies. Its duration is between 6 months and two years.
  • The contract for training and learning. The difference that it has with the internship contract is that for the celebration of this, it is not necessary to have an academic degree even though its main objective is training. Likewise, this type of training contract is aimed at people between 16 and 21 years old.
  • The contract for specific work or service. This is uncertain, as it does not expire until the work or service in question is completed. It is used mainly for the construction sector.
  • Contracts for circumstances of production. This contract is required for special labour needs during specific periods, for example: at Christmas, sales etc.
  • Interim contract. The main objective of this employment contract is to replace a worker who has the right to reserve a job or fill a vacant place in the absence of a worker.
  • Relief contract. The purpose of this employment contract is for a worker to cover the rest of the day that another employee leaves vacant upon partial retirement.

Although all of them are the most important, there are also other types of employment contracts. Likewise, if you have any type of doubt about your employment contract or your situation requires professionals’ help to resolve any type of conflict, do not hesitate to contact our law firm. We will listen to you and advise you to reach a satisfactory situation.…

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