The biggest fear of landlords who have decided to rent is that there will be the feared non-payment of rent. It is common that the owner before initiating any legal way tries to solve the situation of friendly form, either waiting for the payment during months believing blindly in the promises of the tenant, accepting partial payments that always arrive with delay etc…
When the landlord comes to our office he has generally waited for months, in some cases up to a year, for his tenant to catch up on the payments, or even decide to pay the rent. Unfortunately, if a tenant does not pay for three months, for example, it is difficult for him to do so if we give him another three months, the only thing we will be able to do is to increase the debt.
When the non-payment occurs the owner must act, at least send the first reliable claim for payment (The known “Burofax”), as time always runs against the owner.
It should be borne in mind that the judicial process of eviction, no matter how much there are disinformation campaigns throughout the network, is not particularly fast, since our courts, with exceptions, are not. There is no such thing as “Express Eviction”.
To start the eviction process, as we say, you must first send a claim for payment to the tenant giving a limited time to pay the rent owed, under threat of initiating legal proceedings. This claim will prevent the tenant from paying the debt in court to avoid being thrown out of the property. From the moment the claim for payment is sent until the lawsuit is filed, it is obligatory to wait one month (the month in which the debt grows), and to this must be added the time for processing the eviction, which can range from four to nine months, depending on how the tenant acts.
Tenants who are accustomed to not paying rent (there are real professionals in this) are well aware of the times of Justice, and act with total maliciousness by exhausting the deadlines, avoiding being notified, asking for a court-appointed lawyer (this paralyzes the eviction process for months depending on the Court), etc ….
Now, in addition, and thanks to the new reform of the Law of Urban Leases, before proceeding to the launching of the tenant, if the situation of vulnerability is appreciated, it has to communicate with the Social Services of the municipal term where the housing is, paralyzing again the process, until the viability of granting a social housing is studied.
As you can see, there is no “Express Eviction”, many law firms, usually hidden behind deceptive websites that only seek to attract customers who find themselves in a situation of unrest, call “express eviction” to the fact of filing the lawsuit within 24 hours, but no matter how much you want to misinform, the judicial process is the same for all eviction processes.
For this reason, it is the firm’s advice not to wait too long to start the eviction process, as the more you wait the more the debt grows, a debt that is very difficult to recover, since the vast majority of tenants in arrears are insolvent on a voluntary basis. If you encounter a problem of non-payment of rent ask us for an appointment and we will help you, reporting the times of the process seriously and truthfully, as well as the costs of the process, which depending on the cases can be split.
At López Morueco Abogados we hope that this article has been helpful to you.