What to do if the tenant does not pay the rent?
What should a homeowner do if the tenant doesn't pay the rent?
The first thing you will need to do is contact an attorney who specializes in rental claim procedures, and never take justice on your own.
In the current circumstances and for the duration of the measures to combat Covid 19, an amicable attempt should be made through the mediation of a lawyer, negotiating a moratorium or a reduction in temporary rent.
If the amicable way is not enough, and the tenant does not pay the monthly rent, from Forcam Abogados we advise homeowners to initiate a judicial procedure to claim unpaid income. It is a procedure, which is fast, effective and efficient.
What is the judicial procedure for eviction and claim for unpaid income?
It is a procedure, which is fast, effective and efficient. In this case, the owner's lawyers will have to initiate a legal proceeding in order to recover the unpaid rents and to recover the owner's home.
The unpaid income claim procedure is the fastest and most efficient. Through this procedure, the owner will be able to claim the non-payment of the rents since the tenant stops paying and the debts that have accumulated for the supplies such as electricity, water or gas.
It is recommended to go to a specialist lawyer to expedite the procedures as soon as possible, as they are complex judicial processes.
The eviction procedure for non-payment or income claim procedure consists of filing a claim before the Courts of First Instance where the property is located. The claim must be accompanied by the evidence that can be used, in this case, the main evidence will be the housing lease contract, a copy of the property deeds, a copy of the unpaid receipts for supplies, etc.
Therefore, through the judicial proceeding to claim income, also named eviction proceedings for non-payment of rent or similar amounts, the owner can:
-Request from the Court only the recovery of the home or business premises, that is, that they deliver the property. This means that the landlord will file this judicial proceeding only with the intention of recovering the home in which the tenant is living.
-Or you can also, together with the recovery of the property, also claim the amount of the rents and amounts owed.
What will the Judgment establish on the eviction procedure for non-payment?
The following can happen:
1) - If the tenants or tenants do not comply with the request for payment or do not appear to oppose or acquiesce: the Court will terminate the eviction trial and the home will be evicted.
2) - If the tenants or tenants attend the requirement regarding the eviction of the property without formulating opposition or paying the amount claimed: the Court will so record it and will terminate the procedure, leaving the launching procedure without effect and transfer to the owner to execute the amount owed to him.
3) - If the tenants or tenants formulate opposition, a Sentence will be issued declaring the housing lease contract resolved, due to non-payment of rent; the tenants and tenants will be condemned to vacate the dwelling and to leave it free and at the disposal of the owner; and the tenants will also be condemned to pay the amounts owed until then and those that expire later.
Can you also claim the rental supply costs, such as electricity, water, gas, etc.?
You can also claim amounts that refer to non-payment of utility costs, such as electricity, water, gas, etc.
How long does the owner have to claim the rental income through the courts?
As the specialist lawyers point out, the time that a homeowner has to claim the rent will vary depending on the territory where the home is located.
According to art. 1. 966.2ª of the Civil Code, to claim the income from the rental of a home or premises, prescribes after 5 years. The article establishes the following: "For the course of five years, the actions to demand the fulfillment of the following obligations are prescribed: 2. To satisfy the rental price, whether they are for rustic properties or urban properties."
All income that exceeds these 5 years cannot be claimed by the lessor if the statute of limitations has not been interrupted.
Thus, the period for claiming the rental income for a home or business premises is five years, however, in Catalonia this period is reduced to three years.
What does the jurisprudence establish on the term to claim the rent?
Murcia Provincial Court (Section 1), sentence 06.17.2019:
"The defendant maintains that the rents would also be prescribed because the three-year term of article 1967.4 of the Civil Code is applicable when we encounter a case of" accommodation "and a" room rental ", which in no way is deduced from the contract signed by the parties in which it is clearly stated that it is a lease of a complete home and its regulation by Law 29/1994, of November 24, on Urban Leases (first, second and third clauses).
Therefore, a period of five years is established for the prescription of the shares to satisfy the rental price.
Provincial Court of Madrid (Section 19), judgment of 05/19/2016:
Regarding the limitation period, the claim for income or amounts owed in relation to a lease has a limitation period of five years, which is why the contested sentence correctly computes the period taking into account the formulation of the claim, and understands the action taken as prescribed, taking into account the scope of the alleged acts of interruption alleged by the plaintiff.”
Contact us, and our lawyers specializing in civil law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Madrid and Reus.