Civil law is to be understood as the set of legal rules, which, in accordance with general private law, regulate all aspects of personality, family and property relations.
Do you need to recover the possession of your property in Torrevieja, Orihuela, Orihuela Costa, Alicante…?
Then you need to file an eviction lawsuit.
- Eviction for rent claims.
- Precarious Eviction.
1.1 Eviction proceedings for non-payment of rent or similar amounts are the most common. In the event of non-payment by the tenant, the landlord may demand immediate delivery of the property or business premises. In the same procedure, unpaid rent shall be claimed,
2.2 An eviction lawsuit due to expiration of the lease or precariousness occurs when the tenant does not pay any rent and when there is no contract signed by the parties. This type of process is very common among relatives who have given up a home with the confidence that it would be returned to them after the expiration of the agreed time.
Both cases have a legal solution and it is necessary to initiate an eviction process.
In López Morueco Lawyers we will start the process by filing the eviction suit, requesting the eviction from the property and claiming payment of the rent due, and if the tenant does not file an objection, the procedure will be terminated without the need to hold an oral hearing.
If the tenant objects to the eviction process on the grounds that he or she does not owe rent or has just cause to continue to occupy the dwelling, the trial must be held, for which the Court will set the date of the hearing and the subsequent release date. It is important to hire the services of a lawyer from the moment that the non-payment occurs, or you wish to leave the house for other reasons, to send the appropriate request (commonly called “Burofax”), as this gives the tenant the possibility to pay the rent out of court or to leave the house without having to go to court. If you do not take advantage of this extrajudicial opportunity, you will no longer be able to do so once the legal proceedings have begun. In López Morueco Lawyers we also provide legal advice to the Communities of Owners, so if you have a problem of default, or need a lawyer to assist the Neighborhood Councils, do not hesitate to consult us. Within our civil law department we will assist you with civil liability proceedings, traffic accidents, medical malpractice, amount claims, community property division, etc…