The non-payment of rent is one of the biggest concerns for property owners in Torrevieja and Orihuela Costa. When a tenant fails to comply with their financial obligation, it is essential to act quickly and legally. Initiating an eviction for non-payment procedure is the only secure way to recover possession of the property.
The first step: The out-of-court claim
Before going to court, we always recommend attempting an amicable solution. In the first place, you must send a formal payment demand. This should preferably be done via burofax with a certificate of content and acknowledgment of receipt.
This step is vital for a legal reason. If the tenant does not pay within the legal deadline after receiving the burofax, they will lose the right to evade eviction (enervar el desahucio). In other words, they will no longer be able to stop the judicial process simply by paying the amounts owed at the last minute.
The judicial eviction process
If the amicable route does not work, a lawsuit must be filed in the civil courts. In an eviction for non-payment procedure, we simultaneously request two things:
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The termination of the contract: To end the contractual relationship with the tenant.
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The claim for rent: So that the debtor pays all outstanding monthly payments and utilities (water, electricity, etc.).
Once the lawsuit is admitted, the court will notify the tenant. The tenant will then have a period of ten days to oppose, pay, or leave the property. If there is no response, the judge will issue a decree that will allow the eviction (the physical removal from the home) to proceed directly.
What a property owner should never do
It is understandable to feel frustrated when faced with non-payment, but certain actions can turn against you. For this reason, it is fundamental to remember that you must never cut off utilities or change the lock on your own.
If you perform these actions, the tenant could report you for a crime of coercion or trespassing. Subsequently, this would seriously complicate the legal process and could lead to criminal sanctions for you.
Specialists in Civil Law
As civil law experts, we take care of managing the entire file at our firm Orihuela Solicitors. We handle everything from the first claim until you recover possession of the home. We analyze every tenancy agreement or regulatory agreement to ensure that the process is as brief as possible.
In conclusion, protecting your real estate assets requires a firm and professional legal strategy. If you face a situation of non-payment and need to start an eviction for non-payment, do not wait any longer and contact us. We will study your case to offer you the best legal solution and defend your interests in court.
