What is express eviction?
Posted: Sun Dec 22, 2024 9:28 am
Since the pandemic began, it was very common not only to talk about Covid-19 but also evictions . There were many rumors and false news such as that they could "squat" your second home or that you could not go on vacation in case someone broke into your house. That is not true, the crime of breaking and entering cannot be confused with the crime of squatting .
Both crimes affect different legal assets and have different penalties. We will be faced with one crime or another depending on the nature of the property that has been entered. Therefore, you can go on holiday with peace of mind because your house is safe and your second home on the beach or in the mountains is also safe.
With this out of the way, we are going to focus on “squatting” and we are going to usa number list mention the express eviction procedure . It is a fact that evictions are increasing by 24% . They are increasing, this is due to several reasons, including the fact that tenants cannot meet the rent payments. There are also people who decide to occupy empty buildings that belong to banks, for example, or people who simply stop paying the rent and continue living in the house.
For these situations, there is the express eviction procedure that is applied when there are non-payments , either in rent or in the consumption of utilities and when the lease contract has ended and the tenants do not leave the property. It is also applied in the case of squatters.
The eviction procedure has always been carried out, but in 2018 the procedures were streamlined. In fact, express eviction is nothing more than the eviction process that is processed through verbal trial channels.
As we have indicated above, this procedure applies both to tenants (when a series of circumstances apply) and to squatters . It applies not only to homes, but also to premises. However, financial institutions and vulture funds cannot access this procedure to carry out the eviction of their properties.
If you find yourself in a situation where your tenants do not pay the rent, and you have tried to reach an amicable agreement without success, you can solve it with an express eviction and recover your property. Remember that the claim must be signed by a lawyer and a solicitor , so it is necessary that you hire the services of these professionals.
With this "express" regulation, it is assumed that tenants or squatters can be evicted from the property in less than six months, although this period depends on many factors: the specific circumstances of the case; the backlog of work that the court has, etc.
Eviction of tenants
The express eviction claim against tenants is filed when there is non-payment of rent or when the contract is terminated and the tenant does not leave it.
When a tenant fails to pay, the landlord can initiate this procedure and request, in turn, the eviction of the property. The process is processed in the Court of First Instance of the city where the property is located.
The claim must be filed to request the eviction of the tenant, the order to pay the rent owed and to pay the costs of the process. Once filed, the Clerk of the Court will decree its admission and notify the defendant, who will have 10 working days to object or to exercise his right to the annulment.
If the tenant/defendant does not object, there is no trial, the judge rules in favor of the landlord/plaintiff and all that remains is to wait for the day of eviction. However, if the tenant/defendant objects to the claim, a trial must be held and the judgement must wait for it to become final. This slows down the process.
The last option that the tenant has is to exercise his right to enervation , which has three consequences:
The process ends and the tenant continues living in the property.
The tenant is ordered to pay the costs.
If there is a new non-payment in the future, the tenant cannot exercise this action again.
There will only be a trial if the defendant opposes the claim.
Express eviction against squatters
In June 2018, Law 5/2018, of June 11, amending Law 1/2000, of January 7, on Civil Procedure, in relation to the illegal occupation of homes , was approved . Several articles of the Civil Procedure Law were modified. Specifically, article 250.4º, II of the LEC:
.. may request the immediate recovery of full possession of a dwelling or part thereof, provided that they have been deprived of it without their consent, the natural person who is the owner or legitimate possessor by another title, the non-profit entities with the right to possess it and the public entities that are legitimate owners or possessors of social housing.
The procedure against squatters is similar to the express eviction against tenants, the only thing is that it may be more complicated to identify the defendants.
One of the things that should be requested along with the claim is that immediate possession of the home or premises be granted and that a date be set for the eviction .
Both crimes affect different legal assets and have different penalties. We will be faced with one crime or another depending on the nature of the property that has been entered. Therefore, you can go on holiday with peace of mind because your house is safe and your second home on the beach or in the mountains is also safe.
With this out of the way, we are going to focus on “squatting” and we are going to usa number list mention the express eviction procedure . It is a fact that evictions are increasing by 24% . They are increasing, this is due to several reasons, including the fact that tenants cannot meet the rent payments. There are also people who decide to occupy empty buildings that belong to banks, for example, or people who simply stop paying the rent and continue living in the house.
For these situations, there is the express eviction procedure that is applied when there are non-payments , either in rent or in the consumption of utilities and when the lease contract has ended and the tenants do not leave the property. It is also applied in the case of squatters.
The eviction procedure has always been carried out, but in 2018 the procedures were streamlined. In fact, express eviction is nothing more than the eviction process that is processed through verbal trial channels.
As we have indicated above, this procedure applies both to tenants (when a series of circumstances apply) and to squatters . It applies not only to homes, but also to premises. However, financial institutions and vulture funds cannot access this procedure to carry out the eviction of their properties.
If you find yourself in a situation where your tenants do not pay the rent, and you have tried to reach an amicable agreement without success, you can solve it with an express eviction and recover your property. Remember that the claim must be signed by a lawyer and a solicitor , so it is necessary that you hire the services of these professionals.
With this "express" regulation, it is assumed that tenants or squatters can be evicted from the property in less than six months, although this period depends on many factors: the specific circumstances of the case; the backlog of work that the court has, etc.
Eviction of tenants
The express eviction claim against tenants is filed when there is non-payment of rent or when the contract is terminated and the tenant does not leave it.
When a tenant fails to pay, the landlord can initiate this procedure and request, in turn, the eviction of the property. The process is processed in the Court of First Instance of the city where the property is located.
The claim must be filed to request the eviction of the tenant, the order to pay the rent owed and to pay the costs of the process. Once filed, the Clerk of the Court will decree its admission and notify the defendant, who will have 10 working days to object or to exercise his right to the annulment.
If the tenant/defendant does not object, there is no trial, the judge rules in favor of the landlord/plaintiff and all that remains is to wait for the day of eviction. However, if the tenant/defendant objects to the claim, a trial must be held and the judgement must wait for it to become final. This slows down the process.
The last option that the tenant has is to exercise his right to enervation , which has three consequences:
The process ends and the tenant continues living in the property.
The tenant is ordered to pay the costs.
If there is a new non-payment in the future, the tenant cannot exercise this action again.
There will only be a trial if the defendant opposes the claim.
Express eviction against squatters
In June 2018, Law 5/2018, of June 11, amending Law 1/2000, of January 7, on Civil Procedure, in relation to the illegal occupation of homes , was approved . Several articles of the Civil Procedure Law were modified. Specifically, article 250.4º, II of the LEC:
.. may request the immediate recovery of full possession of a dwelling or part thereof, provided that they have been deprived of it without their consent, the natural person who is the owner or legitimate possessor by another title, the non-profit entities with the right to possess it and the public entities that are legitimate owners or possessors of social housing.
The procedure against squatters is similar to the express eviction against tenants, the only thing is that it may be more complicated to identify the defendants.
One of the things that should be requested along with the claim is that immediate possession of the home or premises be granted and that a date be set for the eviction .