Regarding payment, the rental period and payment are reflected in the lease agreement. The owner is obliged to comply with the agreed period of time and also not to vary the price. The tenant is obliged to pay the installments on time and in the correct manner.
What happens if the tenant fails to meet his payment obligation? The owner of usa number list property has the option of eviction , normally this is the last resort and the landlord will have previously tried to reach an agreement with the tenant. Eviction for non-payment of rent involves a legal claim for eviction from the property and/or a claim for overdue and unpaid rent. Both actions can be accumulated in the same claim, that is, requesting eviction from the property and at the same time claiming for unpaid rent.
If you find yourself in this situation and one of the obligations of the lease is being breached, it is best to go to a lawyer who is an expert in the matter . Sometimes with a burofax from a professional, the tenant fulfills his obligation. Although the judicial route is usually the last option, far from what you might think, the procedure is relatively fast, in fact it is usually known as express eviction in Madrid .
If you have tried by all means to get your tenant to pay the rent and there has been no response from them, the only option left for you is to resort to legal action and start eviction proceedings.
The objective of this procedure is for the owner to recover the rented property .
Article 27 of the Urban Leasing Law allows the landlord to terminate the contract due to non-payment of rent.
Art. 27.1.a LAU: …the landlord may terminate the contract by operation of law for the following reasons:
a) Failure to pay the rent or, where applicable, any of the amounts whose payment has been assumed or corresponds to the tenant.
This procedure is included in arts. 440 and 4 of the Civil Procedure Law .
As we have indicated above, if we initiate this procedure we can request not only the eviction but also the payment of the rents owed. Once the claim has been filed, the Clerk of the Court of Justice will require the tenant by means of a decree, where the date and time of the eviction will be indicated:
Option to leave the property and, where applicable, pay the rent owed.
To nullify the action, that is, to pay what is owed and thus avoid eviction.
Opposition to the landlord's claim.
The tenant has 10 days to choose one of these options. If the tenant decides to do nothing, he will be evicted. If he decides to oppose the lawsuit, a trial will be held.