We are going to talk about the real estate laws of Spain.
Evictions in recent years are the order of the day, due to the high delinquency that occurs, both among individuals and in the business world. Tenant evictions have advanced a lot in speed, since the non-payment of a single monthly payment gives the owner the right to initiate the procedure and recover the property in a short period of time. However, this refers only to rental housing. But in the leases of business premises there are also significant delays in the payment of rent. Here the question arises, can I evict the tenant from my business premises?
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If the tenant does not pay us, we have two options:
Go to the court and claim back rent, if we do not want to throw it out.
Request eviction with income claim.
The normal thing is that the second option is chosen, since, if you accumulate months without paying, it is illogical to allow it to continue in the premises.
In both cases we will need the presence of a lawyer and a solicitor. Apart from this, the filing of an eviction lawsuit requires the payment of court fees, unless the owner is a natural person, in which case he is exempt from March 1, 2015.
We must be very clear if we want the tenant to leave the premises or if we only want to collect the amounts due. In evictions due to non-payment of rent, enervation can occur, that is, the tenant pays, paralyzing the eviction action. We can avoid this option to this option if we claim the amounts owed in writing in a reliable way (normally by notarial request or burofax) one month before filing the claim. Nor will there be enervation if the tenant had already made use of this possibility before.
The defendant will have 10 days to vacate the property or pay the debt. You can also oppose the lawsuit with the reasons you deem appropriate. In that case, the trial will be held. If the tenant does not comply with the payment request or does not appear, the trial will be terminated and collection actions will be initiated. The costs will be imposed on the defendant, including the income accrued after the filing of the claim, until the delivery of effective possession of the property.
In eviction due to non-payment of rent, the owner can address both the tenant and the guarantor of the contract, if there is one, as long as he has previously required the latter of the payment before the presentation of the demand.
As with housing leases, failure to pay a single monthly payment is sufficient cause to promote the termination of the rental agreement, even if the tenant pays after the deadline, once the claim is filed. This supposes a rigorous demand to the tenant of the fulfilment of the clauses although, in reality, there are few occasions in which this severe interpretation of the Law is resorted to. Learn more here.
