Useful information on evictions
The first objective that you will have to achieve when you file an eviction process is to recover your rented property or business premises as soon as possible. To achieve this, the defaulting tenant has to be removed and to achieve this we depend on the fact that this can only be done by the corresponding Court.
The second objective is to recover the months of rent due and unpaid. The third is that the costs of the trial, i.e. the cost of the lawyer and solicitor, should also be borne by the tenant because you have had to initiate this procedure (in this case the eviction can be free).
A few days after we file the eviction lawsuit in the Court of Malaga, the Court grants the landlord a period of ten days to pay what is owed to the tenant and/or vacate the flat, or, failing that, to oppose the lawsuit, by presenting a written statement of opposition in the court with lawyer and procurator, arguing his reasons.
A trial will only be held if the tenant opposes the claim with lawyer and solicitor within 10 days. Sometimes a trial does not take place because the deadline has passed, the tenant knows that he has no chance of winning and does not want to incur further costs.
What are the requirements to proceed with an eviction for non-payment?
If the problem with the tenant cannot be solved amicably or out of court, the ideal solution is to file a lawsuit with the help of our real estate lawyers specialised in evictions.
To request the express eviction for non-payment you must take into account the following:
- Lawyer and solicitor in the processing of any eviction lawsuit.
- Copy of the title deeds of the property in your name, or a simple note from the Land Registry.
- There must be a rental contract between the parties.
- Unpaid receipts where the tenant must have failed to pay a monthly payment, either for the rent itself or for other economic obligations: community, utilities, etc. By failing to pay just one of the monthly payments we already have a clear breach of contract on the part of the tenant and it is not necessary to accumulate a certain number of months without paying to act, the sooner the better.
What is the difference between a non-compliant tenant and a squatter?
The fundamental difference that must be taken into account is the type of judicial procedure, whether it is civil or criminal.
For civil proceedings, there is a rental contract between the parties. We must file an eviction procedure and/or claim for rents, before the Court of First Instance, so that the tenant who does not comply (has not paid the rents, expiry of the rental contract…) abandons the property.
For the criminal proceedings, there is no rental contract between the parties. We are facing a crime of usurpation (when it is the second residence or the owner’s premises) or a crime of breaking and entering (when it is the owner’s habitual residence, i.e. the squatters enter the house where you live).