Tips and advice to kick out a delinquent tenant Part II
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Eviction claim, deadlines and delivery
Although
there may be cases, the least, of non-payment once we make the process to the
lawyer there is no going back.
With this we
do not mean that everything is going to be solved now, far from it, but that we
must be prepared to go to trial in case the tenant objects or in the best
cases, that not all, does not object in which case will be directly evicted
from your property.
Various
parties are involved in this process, on the one hand, your attorney / attorney
and, on the other hand, the court. Sometimes a third party can be included,
which is the tenant's defense, that is, his / her attorney / attorney.
This is the
worst case scenario, that is, that the tenant opposes the eviction demand
process for which we must be prepared.
For this, we must take into account several
things:
·
First, a legal process takes time . It can take
from 6 months to a year. Tip: patience.
·
Second, go to a good lawyer . Although the
important part in this case is the court, having a good specialist lawyer will
know what legal steps to take so that the process does not take too long, and
to speed up the procedural documents. In other words, it saves time and money.
·
If the court admits the eviction request to be
processed, it is notified and it has 10 days to pay or present the evidence
that what the owner, that is, we are saying. In this case, the procedure will
proceed and the court will decide which party lies.
·
The latter is key. We must show that no payments
were made . Search and collect bank bills, receipts and everything you can
prove that monthly installment payments have not occurred.
·
In the event that the court issues a favorable
judgment to the owner, it will establish a date on which the delinquent tenant
must make the payment or leave the house.
·
And this is another matter, depending on the
duration of the contract, we may have a delinquent tenant who has paid but who
has not abandoned the house since he has made the payment of the debt and does
not have to leave the apartment or house.
·
Final tip : be prepared for all these scenarios.
Cover your back
Take out
rental insurance . So clear and simple. This is the best advice we can tell you
to avoid the situation of having to evict a delinquent tenant.
The advantages of having such a service are
the following:
·
Security.
·
Saving of time and money.
·
Minimize the legal consequences of having a
defaulter.
·
Sleep better and calmer.
·
Avoid an uncomfortable situation.
If you do
not know how this service works, do not hesitate to consult our rental
department , but before we also advise you to take a look at these other
related articles, the 10 mistakes you should avoid when renting a house and the
10 tips for rent a house .
And as a
gift, we leave you with this other: how should you act in the face of flaws and
hidden vices in homes ? Yes, we already know that it is a lot of information,
but believe us we do not want you to go through such an unpleasant,
uncomfortable and exasperating situation how it is to have to deal with a
delinquent tenant.
If you want
to avoid it, follow these tips and if you need any questions or queries, don't
hesitate to contact us. And don't forget to read our real estate blog !
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