What measures can you take against a tenant who does not want to leave the apartment?

If you are a homeowner and want to rent it out, you can take risks with some tenants. Although experts always recommend that the rental agreement be made in writing to avoid misunderstandings in future disputes, they also clarify that a verbal contract is equally binding. As a landlord, you should know that you are subject in both cases to certain obligations, such as delivering the property in good habitable conditions or provide a receipt to the tenant if this payment in cash.

Duties of the owner

From Legálitas (@Legalitas_ES) also clarify that the owner is obliged to notify 30 days in advance if he wants to end the contract (amicably, not by default of the tenant) as well as to first offer the tenant who lives off the rent the right of first refusal on the house in case his intention is to sell it, for which he must give 30 days in which the tenant has to answer.

The increases in the rental price, if they are not fixed in the contract, must comply with the Urban Leasing Law of our country. But,what happens when the tenant does not want to leave despite having terminated their lease and have spent the time required by law to find another home or cause problems in it?

If the tenant does not want to leave

As soon as an initial contract or its extensions come to an end, or if the new contract agreed by tacit renewal has ended, it is the moment when the landlord can urge the eviction by end of the term if the tenant has not left the property. If he refuses to do so, from the specialized website Abogados para todos it is discouraged to access the property and change the lock without the mandatory handover of keys.

This entire process must begin with the filing of the eviction claim. Along with which you must submit a series of documents:

  • Power of Attorney.
  • Leasing contract.
  • Notifications and requirements that have been previously made to the tenant.
  • Copy of the property deeds of the property.

After one month from the filing of the claim, The ex-tenant will receive a notification of the Decree by which said demand is admitted. There, the date of the trial and the day on which the ex-tenant will be deprived of possession of the property will be established.

In the event that you oppose the aforementioned demand, a trial will be held and the process will end in judgment.. In the rest of the cases, the process will conclude with this decree, with which the eviction process is terminated and the costs of the trial are imposed on the ex-tenant.