The housing rental market has grown in recent years, and with it, the importance of knowing your rights and obligations as a tenant or landlord. One of the most difficult and conflictive situations that can arise during a rental contract is eviction. In this article, I will explain what an eviction is, what the most common causes are, and how a civil lawyer can help you protect your rights during this process.
Written by Josep Maria Asbert
Civil and criminal lawyer in Barcelona
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Specialist Eviction Lawyers
An eviction is a legal process initiated when a landlord decides to terminate a lease agreement due to the tenant's breach. In other words, the landlord wants to regain possession of the property.
In most cases, eviction occurs because the tenant has stopped paying the agreed rent. However, it can also result from other causes, such as illegal activities on the property or violating the lease agreement's terms.
How is an Eviction Carried Out?
To carry out an eviction, the landlord must file a lawsuit before a judge, providing evidence of the tenant's breach and requesting the termination of the lease agreement and the eviction of the property. If the judge finds that a breach exists, they will issue a judgment ordering the eviction and the return of the property to the landlord.
It is important to note that the tenant has the right to defend themselves during the eviction process. They can present evidence showing they did not breach the contract or that exceptional circumstances justify their breach.
How Can a Civil Lawyer Help You During an Eviction?
A civil lawyer can help you protect your rights throughout the eviction process. Firstly, they can advise you on the chances of success of your defense and help you gather the necessary evidence to prove you have not breached the contract or that exceptional circumstances justify your breach.
Additionally, a civil lawyer can negotiate with the landlord to reach an out-of-court settlement, avoiding the need for a trial. For example, they can propose a payment plan to settle the accumulated debt or seek an alternative solution that satisfies both parties.
If the case goes to trial, a civil lawyer can represent you throughout the process, from filing the lawsuit to the execution of the judgment. They can also prepare and file necessary appeals if the judgment is unsatisfactory or if initiating a process to enforce the judgment is needed to recover possession of the property.
In summary, a civil lawyer can offer you a wide range of services during an eviction process, from legal advice to court representation. They can also help you find alternative solutions that avoid the need for a trial, saving you time and money.
What Should You Know as a Landlord or Tenant?
As a landlord, it is important to know the legal grounds for requesting an eviction, as well as the deadlines and procedures you must follow. It is also important to draft a clear and complete lease agreement that establishes the obligations of both parties, deadlines, and the consequences of non-compliance.
As a tenant, you should know your rights and obligations throughout the lease term and ensure you meet your payment and property maintenance obligations. If a conflict arises with the landlord, it is important to seek legal advice as soon as possible to protect your rights.
Types of Evictions:
- Eviction for Non-Payment of Rent:
- This type of eviction occurs when the tenant does not pay the agreed rent. The landlord must demand payment via certified mail and, if the tenant does not pay, file an eviction lawsuit in court.
- Eviction at the End of the Contract:
- When the lease term ends, the landlord may choose not to renew it. If the tenant refuses to leave, the landlord must file an eviction lawsuit.
- Eviction for Precarious Occupancy:
- If the tenant occupies the property without signing a lease agreement or has signed one illegally, the landlord can file an eviction lawsuit for precarious occupancy.
- Eviction for Violation of Coexistence Rules:
- If the tenant violates the coexistence rules established in the lease agreement or municipal regulations, the landlord can request eviction on these grounds.
Conclusion
An eviction can be a complicated and stressful process for both the landlord and the tenant. However, with the help of a civil lawyer, you can protect your rights and find alternative solutions that avoid the need for a trial. If you need legal advice during an eviction process, do not hesitate to contact a civil lawyer specializing in leases and evictions.
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