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What can the landlord do if the tenant does not pay the rent?

What can the landlord do if the tenant does not pay the rent? What legal procedures exist to claim non-payment of rental income? Does coronavirus exempt from rent payment?

What can the landlord do if the tenant does not pay the rent?

If the tenant does not pay the lease fees, and the rent is unpaid, the landlord should talk to the tenant, and in case it is not solved, either because it takes weeks without paying any payment, or because it takes several months not paying the rent payment, the landlord has to contact a specialist lawyer, as quickly as possible.

With the greatest possible speed, a prior requirement or burofax will have to be filed addressed to the tenant's home to resolve the conflict through the friendly way, if it is not possible to reach an agreement, there will be no choice but to go through the judicial route.

What legal procedures exist to claim non-payment of rental income?

Article 27.2 a) of the Urban Leasing Law (LAU) itself establishes that the lessor (owner) may terminate the lease for non-payment of rent or, where appropriate, any of the amounts whose payment has assumed or corresponds to the lessee. Therefore, the landlord may terminate the contract if the tenant does not pay the rent.

The owner, with the help of a specialist lawyer, must file one of these two legal procedures:

-Procedure for claiming unpaid incomes: In this case, the owner's lawyers will have to institute a judicial procedure in order to recover the unpaid incomes, and the ideal procedure to do so will be through the order for payment procedure.

The order for payment procedure to claim unpaid rent is the fastest and most effective. Through this procedure, the landlord will be able to claim the non-payment of the rents since the tenant stops paying and the debts that have accumulated for supplies such as electricity, water or gas. 

It is recommended to go to a specialist lawyer to speed up the procedures as soon as possible, as these are complex judicial processes.

The order for payment procedure must be accompanied by the evidence that can be used, in this case, the main evidence will be the rental contract for the home, a copy of the property deeds, a copy of the unpaid receipts for supplies, etc.

- Eviction procedure: Judicial procedure aimed at the owner recovering his rented home. This figure is regulated in article 440.3 and 4 of the Civil Procedure Law. To urge the eviction procedure, it is essential to go to the court to evict the house, since if the landlord does it by himself, he may be involved in a criminal offense.

To start this process, it will be convenient to contact a specialist lawyer such as the Forcam Abogados team. To initiate this procedure, the intervention of a lawyer and attorney is necessary. The competent judge for these cases will be the one where the rented property is located.

To urge this demand, it will have to be accompanied by other documents, some of them, are the power of attorney for lawsuits or apud act, lease, property deed, etc.

The process begins with a complaint addressed to the Court of First Instance of the domicile of the lease, once the complaint has been received, the Court will issue a Decree indicating the date of the trial (for the tenant to oppose if he wants) and the date of launch so that the eviction is practiced officially.

What should the landlord never do if the rent is not paid?

In such a situation, it may be tempting for the owner to take justice into his own hands, but this should never be done under any circumstances. The owner must solve the problems through the legal advice of an attorney.

We recommend at all times that the owner complies with the following points:

-The supplies of the rented house should not be cut. And it is that depriving the delinquent tenant of basic services such as electricity, water or gas can cause a demand on their part, and even receive a complaint.

-You should not go to the police with the intention of reporting a crime: failing to pay rent is a breach of contract, not a crime. It is a breach of contract, therefore, it must be claimed through civil channels, not criminal.

-The tenant should not be threatened: there will be no use threatening or insulting him, since a crime is being committed, and this behavior will not help the landlord to claim non-payment of the lease.

-The house should not be forced: although the tenant is not in the house, the owner cannot force the lock, because it is a crime of breaking and entering.

-Do not receive money from the delinquent tenant, if the judicial procedure is already started: it is recommended that in the event that the delinquent tenant wants to pay, contact the owner's lawyer.

We remind you that at Forcam Abogados, lawyers specialized in civil law will be able to clarify any doubts that may arise in your specific case.

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