The act and consequence of evicting is called eviction : expelling a tenant or tenant through a legal procedure. An eviction lawsuit , therefore, has the purpose of preventing an individual from continuing to use the property they rent, alleging a breach of contract.
The idea of eviction is usually linked to the expulsion of a tenant who stops paying the rent for the property in which they live. It can also be related to the dismissal of the person who does not pay a mortgage . When a subject does not pay the agreed amount, he or she breaches the contract, a failure that can lead, with the passage of time and under certain conditions, to a court ruling that finalizes the eviction.
Many times eviction is used as a synonym for eviction or release , which is the act through which the dispossession of material possession is carried out. Said alienation is carried out forcefully, causing the tenant to abandon the property so that it is once again at the disposal of its owner.
An eviction is a serious problem for those who suffer it. Suppose that a head of the family is left without a job and cannot find another one, due to an economic crisis. This man, therefore, stops receiving income and cannot pay the rent on his house, where he lives with his wife and children. If the owner refuses to renegotiate the conditions of the contract and is ruthless, the tenant and his family may end up being evicted: that is, they will be left without a roof over their heads and will end up with their belongings on the street.
Express eviction
In the month of November 2009, the so-called express eviction emerged in Spain, which entailed the modification of two laws: the Urban Leasing Law and the Civil Procedure Law. The creation of this eviction law had the goal of facilitating renting in the context of a real estate crisis through the implementation of more effective and faster mechanisms if non-payment of rent or late payment occurs. Among its various advantages are the following:
* from the moment the owner makes the payment request to his tenant (which must be done through a burofax) until the lawsuit is filed, the time he must wait can be up to two months less than that of evictions traditional;
* The owner has the option of including in the lawsuit for expiration of the contract or non-payment a clause in which he undertakes to forgive the tenant part or all of the debt as long as he vacates the property voluntarily. Although with the normal eviction the minimum period for abandoning the home was one month, with the express eviction it is only fifteen days;
* The act of serving the lawsuit is easier than before. For example, if the landlord has difficulties serving it directly to the tenant, he can now refer it to the court to announce the summons, without the need for extra procedures;
* unlike the traditional eviction, the express does not require that the claim for amounts owed or rent be joined to the petition itself;
* Before the creation of this law , an executive demand was necessary to enforce the release of the sentence, but through express eviction it is enough to include the date in the sentence itself. The day and time are indicated there and in this way it is possible to proceed with the eviction;
* If the tenant pays his debt within ten days from the issuance of the eviction order, it is possible to stop the process.