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スペインの賃貸住宅、 家賃不払いの借家人を、どうやって1年以内に追い出すか?
Alquiler de viviendas
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http://www.cincodias.com/articulo/economia/desalojar-inquilino-moroso-ano/20120528cdscdieco_3/
Rental Housing
How to evict the tenant defaulted in less than one year
Legal reform designed Promotion contemplated that the eviction expires within one to nine months
Raquel Diaz Guijarro - Madrid - 28/05/2012 - 07:00
Raquel Diaz Guijarro - Madrid - 28/05/2012 - 07:00
When criticized the limited role of the rent in the Spanish property market is usually appeal to business as usual. Short supply and of poor quality (many homes on leased buildings are very old and understaffed services), no professionalism of intermediaries (most contracts are managed between landlords and tenants) and lack of legal certainty (the eviction proceedings for nonpayment of rent can last more than a year).
The few companies that operate patrimonial sector, experts and agents who are dedicated to the arbitration agree that regardless of whether many or few flats to rent what worries is legal certainty.
"For the owner who decides to rent your home is crucial to know whether you can recover in a flexible if problems arise and the tenant is a priority be clear about their rights," explains the director of an estate agent in Madrid.
Human resources
The previous Socialist government tried to introduce the figure of eviction express eliminating and shortening the judicial process to be initiated when suing a tenant for unpaid rent, damage to the house or any other irregularity. But the truth is that the lack of human and technical resources of many courts have effectively prevented the evictions are really flexible and therefore express. The average time resolution of a dispute over unpaid rent by city vary widely, ranging from four months to less clogged courts and a year in the big cities. Thus, as we are speaking of averages, there are processes that can extend to reach more than a year and that is what I want to end the current reform posed by the Executive.
The Ministry of Development, in collaboration with the Ministry of Justice, has decided to act on legal certainty in order to "streamline the process thereby encouraging more owners to put their own houses to rent and landlords and tenants are better protected," say sources the department heads Ana Pastor.
"If now the processes are resolved within an average of four to 12 months, the aim is that in a first phase to reduce that time to get two to three months, especially in the case of litigation longer," explained same sources.
How do you get? Primarily in two ways: clarifying and simplifying the current standard composition of the judicial commission that goes to the property to make the launch (at which time it becomes effective the property be vacated), so that instead of having to compose the committee two officials may resort to building one.
What will then the new process? From Promotion remember that the next steps and the procedure remains exactly the same. When a tenant fails to pay, the landlord can sue you to the appropriate district court. Thereafter begins the process by sending the tenant does not pay an order requiring the amounts due which must be reimbursed within 10 days.
"The logic is to occur one of three things: that the tenant pays, who decides to leave or to contest the claim," say sources Development. If it does not any of the first two cases, the legal process continues. So is the clerk in charge of issuing a decree with two key dates, the launch and the court hearing, which can be set up to eight months after the first. Current law already provides that if the tenant has no objections to the process, the dispute should end at launch. However, some judges have interpreted the case and determine who has compulsorily to wait for a court hearing to evict the delinquent. "That will now be fully clarified," the same official sources insist.
Only 1.28% of the contracts at issue ends
Professionals working in the rental market often lament the poor image the sector. They claim that the lease is often associated with poor quality housing, landlord-tenant disputes and high delinquency.
And the truth is that there are few statistics on this activity disprove these assumptions. The latest figure published by Development estimates that in Spain there are 1.8 million houses for rent, only 17% of total housing major, while in other European countries like Germany that percentage is around 60% and mean Union is above 30%. Well, of those 1.8 million homes for rent, the National Statistics Institute (INE), in collaboration with the General Council of the Judiciary (CGPJ) made the only official statistics on the number of judgments that dictate every year court for cases involving housing leases. The latest available data dates back to 2010 and puts the litigation in only 1.28% of total contracts, because that year there were 23,052 convictions. The figure for last year will be released on June 7.
Most processes, 21,985, were motivated by the non-payment of rents or deposits, followed by open causes damage to the buildings and so much more testimonial and were sentenced to sublease the houses. "So if only 2% of the contracts ends in conflict, you have to ensure is that people change the negative image of the rent and that can only be achieved if you manage to streamline processes as much as possible," they say in a law firm.
Public Register
One project that included the principle of regulatory reform of the rental market was the creation of a public register of defaulters. For now, that idea has parked given the difficulties both from a logistical standpoint and economically.
A judge's order establishing the amount of the costs
Another innovation that raises the Draft Law on Measures for Promoting Relaxation and Housing Rental Market is the possibility that a judge's order determining the amount of court costs. "This measure may also help to reduce delays in the process. So far, the clerk issued a decree which determined the release date and the court hearing, but lacked the legal capacity to impose costs, why is introduced this change, "added sources of Development.
Will these initiatives sufficient to improve the agility trial? Experts prefer to wait to see what the normative development of this reform before passing judgment, but to be achieved applaud increased legal certainty.
Gustavo Rossi, president of the Safe Rental company, advocates that the rule gives more freedom to the parties agree that these need to consider everything and then put in place mechanisms to enforce what is agreed. In addition, claims more human resources in the courts. "Tenants need at least the same tax incentives that buyers have more security and procedural owners. Those are the key incentives that will achieve the leasing as an alternative to the acquisition," added Rossi.
As for voluntary registration in the Register of Property of the leases, Development confirms that when a tenant fails to pay the rent contract may be canceled in the registry with a simple request of attorney, in parallel with the process to start in court. "This also increases legal certainty," the Ministry added.
In 4 steps
1 Non-payment. At the time when the tenant fails to pay one month rent and if the landlord considers it appropriate, it may file a complaint with the district court.
Requirement 2. Thereafter, if the court accepts the request, it issues a formal notice to the tenant to pay the debt within 10 days.
3 Decree. If debt is not paid or vacates the home, the process continues. The clerk issues a decree that provides for two dates: the launch and the court hearing.
4 Resolution. Only proceed if the tenant's view is opposed to the process. If not, the dispute is resolved (well before) with the launch.
賃貸住宅
一年未満のデフォルトテナントを立ち退かせる方法
立ち退きは、一から九ヶ月以内に期限が切れることが企図法的改革設計推進
ラクエル·ディアスGuijarro - マドリード - 28/05/2012 - 07:00
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