Types of evictions: which one should you execute?

Evictions are procedures that many owners have to resort to for different reasons.

30 December 2022 Friday 02:36
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Types of evictions: which one should you execute?

Evictions are procedures that many owners have to resort to for different reasons. The eviction trial is a judicial, special and summary procedure, which serves for the owner to recover possession of both a leased property and a precariously assigned property. It is regulated in the Civil Procedure Law.

The most common cases of eviction are eviction due to non-payment of rent, eviction due to expiration of the term and eviction due to precariousness. When one is in possession of a property and it has been rented, sometimes there are circumstances in which one wonders about the types of evictions that exist.

If we go to the practical examples, there are different types of evictions, which must be explained. However, the one that is best for you to execute will depend on the specific situation of each particular case. Therefore, it is interesting to see how each of them differs:

This type of eviction is the most claimed. It is the execution for lack of payment, or for the end of the contract. In other words, due to non-payment of rents and termination of the contract. as well as other concepts claimed, as the case may be.

This type of eviction was named after legal changes, where there is a procedure to expedite the procedures and deadlines for recovering the home. In the reform, if the tenant does not respond within 10 days for legal reasons, the launch is indicated directly without the need to hold a trial.

It is the express procedure for the eviction of squatters that obliges the occupant, who, in case of wanting to oppose the demand, has to pay a significant deposit. Because they cannot face the bail, in a quick time the trial and the release are indicated.

It is a verbal trial procedure in which the view and the launching of the occupant without right are indicated.

This type of eviction can be applied to any person who is using the apartment after the contract has expired, assigned by friendship, familiarity or temporarily. Thus, the property owner is entitled to request damages for not having the apartment.

If for any reason, a property is acquired by inheritance, the new owner may process the eviction for the benefit of the inheritance. In addition, he may claim the specific expenses.

A co-owner may not enter into a lease without the consent of the others if he or she does not have a majority of quotas of more than 50% and for a term not exceeding 6 years.

The most common and convenient, although it depends on each case, is the express eviction of tenants. There are many causes for which the judge can ask the eviction of the tenant, but among all of them I am going to focus on two: non-payment of rents or supplies, which gives rise to eviction for non-payment of rent or also called eviction for lack of payment; and termination of the contract, which gives rise to eviction due to the expiration of the term.

Specifically, it is article 27.2 LAU that will allow the landlord or owner to file an eviction claim for non-payment of rents or other amounts (supplies, community, etc.).



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