Octubre 2011· Newsletter

Manzanares Abogados · Lawyers
www.manzanares-es.com

Express evictionExpress eviction

To evict a defaulting tenant will be quicker from the 1st of November

Proprietors that rent their properties will be able to make a quicker recovery of these in the case of non payment on behalf of their tenant.


From the 1st of November the evictions of rented dwellings due to non payment of the tenants, will be quicker.  After having reformed the existing norms regarding eviction proceedings.


In the first instance, and even though the proceeding is made through the Court, it will not be necessary that the Judge intervenes in this. With this, it will not be necessary to hold a preview to the eviction, just as it was legally necessary at this point in time. Apart from this, should the defaulting tenant stay at the property without paying and does not oppose to the eviction, they will be evicted on the date that will be indicated in the first judicial request that is made.


On the 10th of October it was publicised in the official bulletin of the state the Law 37/2011 of legal speeding up measures, which determine important norm changes relative to the eviction proceedings.


With this measure, the long waits that were incurred until now are attempted to be avoided when trying to evict the defaulting tenant from the property in those cases in which they would not leave voluntarily. It is also claimed to provide a larger security to the proprietors that are thinking about renting their empty properties, in this way losing their sense of fear about a defaulting tenant, as they can recover their properties more quickly.

 

During the following months, we will be able to check the result that this measure is going to have on the practical application at the Courts.