- How is an eviction procedure for non-payment going? I have commissioned the lawyer to file to recover the house, what are the steps?
It is very simple. The landlord -that is, you- files a claim, with a lawyer and solicitor, in which you request the termination of the lease due to non-payment, and may in turn, if you wish, accumulate the Income claim action.
When the court receives the demand, with regard to the eviction action, it will issue a Decree indicating the date of the trial, which will be held only if the tenant opposes the demand. The launch date will also be set, if applicable.
Within ten days of the transfer of the claim, the defendant can:
- Do nothing. The proceeding is shelved and the defendant will be evicted on the date set for release.
- Pay the amounts owed and continue to occupy the home. This is what is called “enervation” of the action. You can do it only once and it is not possible if you have requested payment thirty days in advance and have not paid.
- Oppose eviction. If so, the trial will be held on the date indicated and the corresponding sentence will be issued.
* The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com
Source: LA INFORMACIÓN – Lo último by www.lainformacion.com.
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