Property Law Archives | José Escobedo

WHAT TO DO IF YOUR TENANT DOES NOT PAY THE RENT

In case of non-payment of rent, the first question to resolve is: Can we file an eviction claim in court with a single month of non-payment.

In this regard, article 27.2 a) of the Urban Leasing Law (LAU) is clear; the landlord can in any case cancel the contract due to “non-payment of rent or, where appropriate, of any of the amounts whose payment has been assumed or corresponds to the lessee ”. This is so because payment of rent due is the main obligation of every tenant and, therefore, its non-payment represents an essential breach of the lease regardless of the amount of the debt.

HOW TO ENSURE AN EFFECTIVE EVICTION

Quite frequently we have consultations with client homeowners who have rented their properties using standard contracts that they have acquired for themselves or through an intermediary. When including the tenants’ details, they often pay little attention to details especially regarding tenant contact details so as to be able to send them important notifications in the future, perhaps about late or non-payment of rent when they are occupying the property. Continue reading “HOW TO ENSURE AN EFFECTIVE EVICTION”

NEW RENTAL MEASURES

Royal Decree 35/2020 & 37/2020 of 22 December 2020

The government recently published a package of measures relating to rentals to deal with the crisis caused by the Covid outbreak, and following is a summary of some of the most relevant:

Suspension of evictions and other repossession procedures

In respect of eviction procedures for non-payment of rent and/or expiry of the lease period, the tenant has the possibility of requesting the suspension of the procedure. The suspension must be requested and will not be agreed upon ex officio by the Court. The suspension will last for the duration of the state of alarm and any extensions.

COVID CLAUSE IN RENTAL CONTRACTS

The pandemic we are still suffering has brought changes in all sectors, including property. So, faced with the fear of a new lockdown, some estate agents and landlords have not hesitated to include the new concept of a ‘COVID clause’ in their contracts. Continue reading “COVID CLAUSE IN RENTAL CONTRACTS”

WHAT TO DO ABOUT THE ILLEGAL OCCUPATION OF YOUR HOME IN 3 STEPS

This article looks at how to deal with situations where our own home or second home is illegally occupied by unidentified persons.

The first thing is to define this type of behavior in criminal terms

If it is our main residence, we would have to report the occupants to the police or duty court for breaking and entering. The Spanish Criminal Code, indeed, in article 245.2 says that this crime consists of “… the entry into a private individual’s dwelling by someone who does not live there, and who enters or remains in it against the will of its owner. This crime is punishable by a prison sentence of six months to two years. Continue reading “WHAT TO DO ABOUT THE ILLEGAL OCCUPATION OF YOUR HOME IN 3 STEPS”