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Express Eviction

Express Eviction

If a lease is rented but the tenant does not meet his contractual obligations, i.e. due to recalcitrance he does not pay the agreed rent, then there is a new and fast legal way to proceed with the release of the rent and the payment of the rent owed.

The issuance of an order for the return of rent and/or payment of rent is the fastest way to reimburse the rent and recover unpaid rent. The total time taken to complete the above procedure is approximately two months.

The conditions for issuing the above-mentioned rent order are as follows:

1. There must be an active lease agreement, which is evidenced in writing.

2. There must be a delay in the payment of rent due to recalcitrance. It should be noted here that a tenant who does not pay the agreed rents on time is considered to be recalcitrant. It follows from the foregoing that the non-payment of a single rent is sufficient to establish recalcitrance.

3. Notify the tenant of the service of a written notice with a bailiff.

From the day following the mentioned notice, the tenant has 15 days to pay the rent due. If the above period of 15 days expires without action, the procedure proceeds with the submission of the application to the competent Court for the issuance of an order for the return of rent and/or payment of rent.

With the decision issued by the Court, the tenant is obliged to return to the lessor the use of the leased property and/or to pay the fees owed.

The Justices of the Peace of the place where the property is located, if the monthly rent does not exceed € 600.00, and the Courts of First Instance in other cases, have jurisdiction ratione materiae.

Our Law Office undertakes the entire process of eviction express and provides legal support services and legal advice to address any issues and questions that may arise.

 


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