When an owner decides to put his home up for rent, he always runs the risk of suffering defaults. If this happens, then, he has several options to be able to claim the payment of them. If the amicable route does not work, the next step is to go to court to claim the tenant to pay these. In addition, there are currently several modalities and lawsuits can be filed to claim the debt or to claim eviction. Therefore, it is important to know the different alternatives and the requirements to go to one or the other.
The first alternative, perhaps the softest, is to go to court to claim payment of unpaid rent. Something that is usually done as long as the tenant has abandoned the property and eviction is not necessary. Obviously, this modality can also be used when the tenant remains in the property, but it does not make much sense.
Thus, it is advisable to go this route when the debtor has already left the property. Once he does, then a verbal trial or order for payment can be started. In the first case, the owner must file a lawsuit demanding payment of the debts, for which there is no minimum amount.
Thus, the court of first instance will notify the tenant of the lawsuit. In the event that the lawsuit succeeds and the judge rules in favor of the owner, then the latter must file a new lawsuit, this time executive, to warn the former tenant that his assets will be seized if the debt is not paid for pay the debt.
The second way, the payment process, is very similar, only it goes faster because the first part is skipped and a burofax is sent to the defaulter's new address. The subsequent process is very similar to that of the verbal trial. In other words, an execution lawsuit will have to be filed, which will take effect if the former tenant does not object. In case of opposition, a verbal trial must be opened.
In the event that the tenant continues to live in the property and does not pay the rent, then the most logical thing is to request both the payment of the debt and the eviction. In this case, the owner must file a lawsuit, very similar to the previous case, to initiate both processes. That yes, the process is longer in time because a judicial resolution has to arrive and, once it is notified, then the eviction must proceed in a period of three to four months.
For the owner, this situation is more costly and complex, since the tenant continues to occupy the property, making use of it and the supplies at the owner's expense.
Finally, there is the possibility of judicially claiming the eviction, but not the rents. Generally, it is not a widely used modality, but it can occur as long as the owner prioritizes recovering the property by assuming the debts that the tenant has left unpaid. In this way, it can be pretended that the tenant decides to leave the house before not having to pay the debts. But, neither is it guaranteed that the process will be more agile or that the tenant will be more flexible.
The first thing the owner has to do is contact a specialist lawyer to advise him on the steps to follow. In addition, you must have the services of a solicitor to be able to file the lawsuits. The usual thing is the notification by means of burofax, to later advance in the procedures and end with an execution demand, if the tenant does not pay the debt first to end the process.
Finally, in terms of cost and waiting, the cost is usually around 2,200 euros in evictions for non-payment. Although it will depend on various variants. As for the waiting time to recover the property, it is more variable due to the collapse in the courts. As indicated above, once there is a favorable demand, then the usual period for the eviction to be carried out is 3 to 4 months for the eviction and assets are also seized if the defaulter does not pay the debt with owner.
