How to recover housing by default of the tenant?

Procedural law

The lease is a contract in which the owner of the property cedes the use and enjoyment of the same in favor of a third party, for a certain period of time and in exchange for a rent, so that he can use it. -the house.

It may happen, during the term of the contract, that the tenant ceases to pay the monthly rent agreed in the contract and continues to occupy the house, not intending to return it to the owner. In these cases, there is a breach of contract by the lessee and the landlord can use the court to end this situation.

The appropriate judicial procedure is the eviction procedure for non-payment of rents, whose main purpose is the payment of rents owed by the lessee and the recovery of possession of the home.

It should be borne in mind that, in general, once a claim for eviction is filed with the Court, the Judge will require the defendant to vacate the property, pay the plaintiff, or in the case of claiming enervation, to pay within 10 days all that is owed at the time of the enervating payment of the eviction.

What is the enervation of eviction? The enervation is the action by which the debtor lessee can update the arrears in a single payment without having to vacate the house to continue the lease. However, this action can only be exercised once during the term of the lease.

However, if the landlord has reliably requested (burofax, telegram, notarial letter) to the lessee to proceed with the payment of rents, and the lessee does not make the required payment, then the lessee has lost the opportunity of being able to enervate eviction.

However, in accordance with the provisions of the Civil Procedure Law, in order to get the tenant to lose the enervation action, the request must be made at least 30 days before the presentation of the suit and that the lessee’s payment was not made in time for this filing.

Therefore, in the event that the landlord is aware that the tenant cannot pay the rent and wants the immediate return of his home, our recommendation is that, prior to the filing of the suit, the requirement is made for the Judge to subsequently terminate the lease and require the defendant to vacate the property without offering the possibility of enervating the eviction as this action would have expired.


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