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.