When we are owners of a home or premises for which we have signed a lease contract with a commercial or private company, we may encounter unpleasant situations created by the non-payment of the agreed rents by the tenant, and that in the face of claims and persuasion for payment, he continues without paying it.
Well, you should know that in these cases You can start the eviction procedure, a simple procedure that follows the verbal trial procedures, and which aims to resolve the rental contract with the return of the amounts owed, and the eviction of the home.
In our office lawyers in Murcia, you will find the necessary legal support to undertake this entire procedure, from the side of the owner of the property or premises that suffers the delay in the payment of the agreed rents, as well as from the side of the tenant or tenant himself, who due to the current circumstances is is sometimes financially prevented from making payments, or when there has been a non-payment for reasons not attributable to him. In all these cases, we offer a legal solution according to the circumstances, as we are aware of the emotional cost that this type of situation can entail.
There are many cases that we process, in which after several claims by the owner, the tenant continues without meeting his payment obligation. Given this refusal, after an assessment of all the circumstances and advice to the client, the first thing we do is a reliable extrajudicial claim to the tenant with the signature of our office and formally informing them that if they do not proceed within a reasonable period of time with the payment of the rents owed, we will initiate judicial proceedings with the consequences that may arise (eviction of the property).
Keep in mind that for the purposes of this procedure, this prior claim is very important, since notify the debtor one month before filing the claim, he would lose the right he has to pay at the time of the lawsuit the amounts he owes to avoid eviction from the home or premises.
Now, we must be clear that in an eviction procedure we may have different objectives:
- Claim judicially only the rents owed, and, where applicable, the amounts equivalent to it (such as water, electricity, IBI, etc.), but without requesting the termination of the contract based on said non-payment.
- Claim judicially only the termination of the contract based on said non-payment and with the recovery of possession of the property, but not the payment of the rent (which is not usually very common.
- Claim both actions cumulatively in the same procedure. This is the most common, since the procedure is speeded up and simplified by carrying out both actions at the same time.
We recommend that if you find yourself in any of these situations as a landlord or tenant, you schedule a consultation with our team of professionals, who will offer you an assessment and a legal response and solution to this situation as soon as possible.
