Do you have a rented house and the tenant does not pay the rent? One of the most common fears for homeowners is renting the house to a tenant who cannot afford to pay the rent. This can cause various damages. In addition, you can take measures to avoid delinquent tenants and apply
tricks to kick out a non-paying tenant. In this post we are going to focus on this second case so that you are clear about everything you can do if your tenant does not pay the rent.
The process to evict a non-paying tenant can be long and complex. In addition, we must take into account that during the time that the house is occupied without paying, rents continue to be generated and the debt increases, so the owner will lose money.
The tenant’s obligation to pay
One of the main obligations of the tenant in a
rental contract housing is the payment of rent. In the event that you do not pay the rent on time and in the manner established in the contract, there will be a breach of said contract based on which the owner of the house can request compliance (payment of rent) and the resolution of the contract.
If a term to pay the rent has not been established, the Urban Leasing Law will apply and it must be paid within the first seven days of each month. Once that period elapses and the
tenant have not paid, you will be in a
contractual breach case.
How to prevent non-payment of rent?
So that the tenant does not comply with the payment obligation, the following preventive measures can be applied:
–
Analyze the solvency of the tenant. You may be asked for employment contracts, latest pay slips and personal income tax declaration. In the case of a self-employed person, you can ask him for the personal income tax return, VAT returns or corporate tax returns if he has a commercial company.
–
Request additional guarantees. Another measure that can be taken to avoid
tenants in default consists of requesting additional guarantees from the Legal guarantee of one month’s rent. For example, you can request a bank guarantee or the signing of the contract by a joint guarantor.
–
Take out insurance that covers non-payment . One of the alternatives to requesting an additional guarantee may consist of
contracting rental insurance. With this insurance, if the tenant does not pay, you can talk to the insurance company and they can initiate the procedures necessary to collect the rent. The insurance will cover a maximum of the unpaid rent, depending on the coverage you have contracted.
Tricks to kick out a non-paying tenant
If you have not taken the precautionary measures that we have seen or you have taken them, but your tenant does not pay the rent, you can follow the following
tricks to evict a non-paying tenant:
Match the debt
It seems very obvious, but, sometimes, the non-payment can be due to an error, for example, an incorrect identification of the payment made by the lessee. For this reason, it is important to verify if the debt exists and what amount and concepts it has.
Talk to the tenant
The first thing to do is find out what has happened, because there may be an error or an oversight. To do this, talk to the tenant on the phone and ask why the delay is and try to agree on a payment within a certain period.
Send a burofax
If non-payment persists, it will be necessary to send a reliable communication by burofax with acknowledgment of receipt and text certificate. The minimum content of the burofax can be the following:
– Amount owed and concept.
– Term to pay the debt.
– Indication that in the event of non-payment the debt will be legally claimed through eviction for non-payment.
File a lawsuit
If the tenant does not pay, after waiting the period that you have given him in the burofax to pay, you can present the
demand for eviction for non-payment of rents. For this procedure it is highly recommended to have the help of an expert lawyer. Regarding the demand for eviction, the landlord has several options:
– Request the eviction of the tenant and claim the unpaid rents (it is the most used option).
– Request only eviction for non-payment. In this case, the home would be recovered, but a demand for a claim for the amount would have to be imposed later, if the tenant continues without paying.
– Claim only unpaid rents.
The claim will be filed before the appropriate court. The procedure that is followed in the case of eviction is the
verbal declarative trial. What the court is asked to do is terminate the rental contract and order the eviction of the tenant for non-payment of the rent.
Once the lawsuit is admitted for processing by the judge, the tenant will be notified and they can act in several ways:
-Evacuate the house by his own will.
– Pay the outstanding debt for rents. In this case, what occurs is the so-called enervation of the eviction.
– Oppose the claim. If the tenant objects to the lawsuit, a trial must be held.
Celebration of the eviction trial
On the date and time indicated by the judge, an eviction trial will be held and both parties will present the evidence they deem appropriate for their interests (documents, witnesses, etc.).
Sentence
Once the trial has been held, the judge will issue a sentence and, if the eviction is decreed, the eviction will proceed, which supposes the execution of the eviction.
Tenant Launch
It is an act by which a court commission goes to the rented house and together with the police evicts the occupants of the house.
It is important to take into consideration that, throughout this process, an agreement can be reached between the parties (for example, part of the debt is cancelled, the rest is paid and the keys to the rented apartment are returned) or the tenant pays the debt. .
How long does it take to evict a delinquent tenant?
The timeframe for evicting a non-paying tenant can vary. The most advisable thing is to reach an agreement with the tenant and avoid going to trial. The length of time that the judicial procedure takes depends on the workload of each jadjudicated and the complexity of the case. In general,
an eviction for non-payment usually takes between six and eight months.
The term can also be influenced by the fact that there are minors living in the house, because if this occurs, the process will be delayed until the family finds another home. In any case, the court will analyze each case and ensure the protection of the minor.
In short, the
tricks to kick out a non-paying tenant must be preceded by a series of preventive measures to avoid non-payment. If said non-payment occurs, a friendly claim must be started to get the tenant to pay or, at least, to return the keys to the house, and, if this is not possible, the
eviction procedure for non-payment will begin. .
