The main fear of an owner who has a rental home is non-payment by the tenant. With the large number of homes in Spain for rent, late payment is one of the owner's headaches. Above all, he wants to know if there is a possibility of executing an eviction.
Are there possibilities with Spanish legislation in hand? How can it be done? These are common questions that many users ask themselves who are involved in a sea of doubts, regarding this option for their tenant to pay the rent. Therefore, it is important to see what options are available.
Eviction for non-payment of rent is the procedure to follow to recover the home and try to collect the outstanding monthly payments.
Consequently, the landlord can make decisions before him such as terminating the contract, demanding payment of pending rents, with interest, or recovering the property, through the eviction of the tenant.
Eviction can be used when the occupant of the home or premises does not have a lease. This is the case of those known as 'squatters', who access the house without the consent of the owner; but also of the squatters, who are people who are authorized by the owner of a house to temporarily reside in the property and who later refuse to leave it when the owner requests it.
Likewise, it is also possible to opt for eviction when the lease has ended, including its extensions, and the tenant does not leave. Or when the tenant defaults on him (especially if he doesn't pay rent) for more than a month. Specifically, this situation entitles the landlord to initiate eviction proceedings for non-payment of rent.
With the eviction procedure for non-payment of rent, the owner will recover the home after evicting the delinquent tenant.
In the first place, it must be taken into account that Law 29/1994, on Urban Leasing, considers, in its article 27.2, the lack of payment of the rent or rents, the termination of the contract and that the landlord may terminate in full right to the contract for "The lack of payment of the challenge or any of the amounts that the lessor has assumed".
What is the translation of all this? Essentially, that in case of non-payment of rent, the contract can be terminated. However, how is this resolution made? How to recover possession and/or collect the amounts owed? How does the eviction procedure work?
For this, the owner must file a verbal eviction lawsuit, where the Judge declares the contract resolved and orders the eviction of the property. You can also claim, in the same procedure, the payment of the rental income pending payment and those that accumulate until your eviction.
On certain occasions, before filing an eviction lawsuit, send a burofax to the tenant demanding the payment of rent as well as the eviction of the property. This notice can be made by telegram, certified mail with acknowledgment of receipt or burofax.
Likewise, it is necessary to take into account the expenses in an eviction trial due to non-payment. In the first instance, the lawyer's costs. The usual thing is to hire a professional to take charge of drafting the claim and defending the interests of the landlord.
Also, attorney's expenses. Mandatory participation in this type of trial. It is important that when the order sheet is signed with the lawyer, the attorney's expenses are also fixed.
To this must be added the power of attorney. In order not to delay the eviction trial, it is recommended that the landlord grant a power of attorney in favor of the Attorney who will represent him in said judicial proceeding.
And finally, court fees. In terms of fees to file an eviction procedure, a fixed fee of 100 euros must be paid, plus a small amount depending on the amount of the procedure and whether the landlord is a natural or legal person.
