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Express eviction – modification

The Law of “Medidas de Agilización Procesal” arrived on the scene in November. This law modifies several laws (Criminal Proceedings Code, Administrative Proceeding Code, Civil Proceedings Code among others), it means a law containing measures to speed up the proceeding; it is applicable to different laws and specially the Civil Proceeding Law, it has modified it with new clauses. In this case the changes speed up the process in relation to non paying tenants.

This law was approved due to the exponential increase of litigation cases in the last few years. Figures show that up to 2009 there was an increase of 33% over the previous ten years in these cases. In the civil jurisdiction the percentage is 50% within the same period.

EVICTION

Probably you will have heard on the radio or TV that there is a new system by which a non-paying tenant can be evicted within 10 days.

This is not the case exactly, but, there is now an intention, in law terms, that the eviction process can now be speeded up to avoid further losses of the landlord.

The idea is to include the eviction proceeding within the “monitory proceeding” (or in other words extend the monitory proceeding to eviction cases).

To recall what a monitory proceeding is I wrote a column in this newspaper about it: “The proceeding will start with the petition of the creditor including the details of the debtor (address, amount requested) and the documents already mentioned. The secretary of the Court will require the payment to the debtor who will be enforced to pay the debt or plea to Court by means or “opposition” to the claim”. In the particular case of eviction the secretary will ask a prompt payment (updated) informing that if not he will be evicted straightaway.

The tenant can plea by “opposition”. In this case he would not be evicted and the eviction will continue through the ordinary proceeding (verbal proceeding). As you can see, although the opposition would stop the monitory proceeding it is doubtless that in many cases where the tenant has already abandoned the property without returning the keys, it would be useful.

I would also like to remind you that in past columns I said that “a 2009 Law changed many aspects of the Letting Agreements Law and also the Legal Proceedings Law in eviction cases in order to try to speed up the judicial proceedings. The relevant amendments, among others, are that it will be possible to accumulate a lawsuit against the tenant and his guarantor (if any); the landlord can undertake to cancel the debt if the tenant voluntarily vacates the property; the most important one, in my opinion, in all eviction cases is that the defendant will be evicted if he does not attend the trial – he will be automatically evicted (after notification of the judgement which will happen the sixth day after the hearing) and the judgement itself will fix the date for the eviction.

These modifications have been called “desahucio express” or express eviction.” The Law of “Medidas de Agilización Procesal” has modified the 2009 Law making the “desahucio express” even faster (or at least it’s trying to do so).

Mariano Zunino Siri is a lawyer registered in Tenerife Bar Association since 1991. Office in Los Cristianos at Edificio Valdes Center Torre “A”, oficina 1, piso 2º. Phone: 922 79 44 12.

Short URL: http://www.canarianweekly.com/?p=9169

Posted by on Nov 18 2011. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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