How is an express eviction carried out?

Eviction for non-payment, or because the legal deadline has passed, is the procedure that is followed when the owner of a property, business premises or any other type of property wants to recover possession from the tenant.

 

It is a procedure that, depending on the workload and saturation of the competent court, can last between 3 and 6 months, so if you are in any of these situations it is important to start the procedure as soon as possible. Below, we explain the steps in the eviction procedure:

 

First step: try to reach an amicable solution with the tenant or lessee, as in many cases it is a one-off delay.

 

However, if the delay is not a one-off delay or if there is a risk that the situation will continue over time and further non-payments will accumulate, it is advisable to start the eviction procedure as soon as possible.

 

During the eviction process for non-payment of rent, the tenant will have the opportunity to stop the eviction if he/she pays the unpaid rent. This is known as an enervation of the action, so filing a lawsuit may be the quickest way to get the tenant to pay the rent.

Enervation can only be done once, so if the tenant is late in paying the rent again, he will not have the possibility to enervate the eviction action.

 

Second step: filing the eviction action.

 

This step is taken to the court with the intervention of a lawyer and solicitor, where it is alleged that the tenant has not complied with his obligation to pay the rent (or other amounts owed) and is therefore interested in the recovery of the property and the amount of the rent or similar amounts owed is claimed.

 

After the court summons, if the tenant does not object, the proceedings are terminated without the need for a trial or judgement. In other words, if the tenant who has been sued does not oppose the landlord’s request, the execution of the eviction and the claim for the sums owed (article 440.3 LEC) will proceed directly in the event that he has also claimed them.

 

On the other hand, when the eviction trial is brought because the duration of the contract has ended, the defendant will be served with the lawsuit so that he/she may reply in writing within ten days, with the “hearing of the trial” being held if both parties or only one of them so requests (article 438 of the LEC).

 

Third step: the launch.

 

Once the tenant has been sentenced, and only if the tenant has not handed over the keys and has left the property voluntarily, the tenants are evicted and the property is returned to the owner.

 

Fourth step: end of the eviction process.

 

Once possession of the property has been recovered without the tenant having proceeded to pay the debts accumulated due to non-payment of rent, the landlord may file an executive lawsuit to claim payment and proceed, if necessary, to seize account balances, pay slips or any other means to pay the debt.

 

If you find yourself in one of these situations and would like us to advise you, contact us and we will help you to recover your home.