Evicting a tenant is a process that can end the patience of any landlord. Since the coronavirus crisis, there has been a reduction in evictions that is not related to a decrease in delinquency, but to the closure of courts during the strict quarantine and an increase in social protections. However, the days known as the "social shield" are numbered - it expires in September - so it is expected that evictions will rebound like never before during the fourth quarter of this year and 2023.
One of the aspects that an owner must be clear about when renting their home is the deadlines involved in evicting a tenant in the event that they stop paying. At the end of the day, the duration of the non-payment is directly related to the profitability of the rental. Do not forget that eviction is a legal procedure that is carried out through a trial. If the owner decides to expel the tenant by force, without due judicial process, he can be punished with a fine of six to twelve months, as established in Article 455.1 of the Penal Code.
On average, a launch usually lasts between 5 and 6 months. Evictions are generally the product of the violation of any of the clauses of the rental contract: either the termination of said contract or non-payment, for example. The deadlines may vary depending on what the cause was.
In the case of evictions for non-payment of rent, the process can begin after a month in which the commitment to pay the rent is not fulfilled. However, in order to file the lawsuit, the tenant must have been reliably requested to pay the unsatisfied rent or rents. One of the most common methods to do so is through a burofax.
If, after having requested the payment of the rent, the tenant refuses to comply with his responsibility, the release may be requested. In the event that the tenant decides to oppose the claim, this process would be considerably lengthened. This is because the tenant will need a lawyer and public defender, and the appointment of these legal representatives can take an average of between 3 and 4 weeks.
On the other hand, it is necessary to take into account the time that the trial will last, which can be very variable. In this sense, the court plays a key role in terms of the deadlines to evict a tenant, and the wait for the release notice is one of the longest procedures in an eviction, lasting between 6 and 8 weeks. The explanation for all this is that the process is carried out through the court's postal service, which is almost always saturated with pending tasks.
To reduce this period, lawyers with more experience in matters of evictions usually urge the court that the notification of the release be made by the attorney. This maneuver is interesting, since it allows speeding up the deadlines for evicting a tenant.
One measure that has made it possible to considerably reduce all these terms is the Express Eviction Law. This regulation allows that, if after 10 days have elapsed from the receipt of the decree admitting the claim, the tenant does not object, the court may proceed to set a date for the eviction.
This measure arose from a modification of the Law of Civil Procedure operated by Law 37/2011, of October 10. It established a series of measures that allowed the speeding up of the eviction process and its deadlines.
