Eviction is called the act and consequence of eviction: expel a tenant or a tenant through a legal procedure. An eviction trial, therefore, has the purpose of preventing an individual from continuing to use the property that he rents, alleging a breach of contract.
The idea of eviction is usually linked to the expulsion of that tenant who stops paying the rent of the property in which he lives. It can also be related to the termination of the person who does not pay a mortgage. When a subject does not pay the agreed amount, he breaches the contract, a fault that can lead, over time and under certain conditions, to a court ruling that specifies the eviction. See Abbreviation Finder for acronyms related to Eviction.
Many times eviction is used as a synonym for eviction or release, which is the act through which material possession is dispossessed. Said alienation is carried out in a forced manner, making the tenant abandon the property so that it is once again available to its owner.
An eviction is a serious problem for those who suffer from it. Let us suppose that a head of a family is left without a job and cannot get another one, due to an economic crisis. This man, therefore, stops receiving income and cannot pay the rent on his house, where he lives with his wife and his children. If the landlord refuses to renegotiate the conditions of the contract and has no consideration, the tenant and his family may end up being evicted: that is, they will be left homeless and end up with their belongings on the street.
In the month of November 2009, the so-called express eviction emerged in Spain, which involved the modification of two laws: Urban Leasing and Civil Procedure. The creation of this eviction law had the goal of facilitating rent in the context of a real estate crisis through the implementation of more effective and faster mechanisms if there is non-payment of rent or delinquency. Among its various advantages are the following:
* from the moment in which the owner makes the request for payment to his tenant (which must be done through a burofax) until the lawsuit is filed, the time he must wait can be up to two months less than that of evictions traditional;
* The owner has the option of including in the demand for expiration of the contract or non-payment a clause in which he agrees to forgive the tenant part or all of the debt as long as he vacates the property voluntarily. Although with the normal eviction the minimum period for abandoning the home was one month, with the express it is only fifteen days;
* the act of serving the claim is easier than before. For example, if the landlord has difficulties to deliver it directly to the tenant, now he can go to court for the announcement of the summons, without the need for extra paperwork;
* Unlike the traditional eviction, the express eviction does not require that the claim for amounts owed or rent be attached to the petition itself;
* Before the creation of this law, an executive demand was necessary to make the sentence effective, but by means of the express eviction, it is enough to include the date in the sentence itself. The day and time are indicated there and in this way it is possible to proceed with the eviction;
* If the tenant pays his debt within ten days from the issuance of the eviction order, it is possible to stop the process.