Eviction for non-payment

According to the Real Academia de la Lengua in its dictionary, to evict consists of "[...] 3. Said of an owner or landlord: to dismiss the tenant or lessee by means of legal action", being this the concept that interests us, we are going to begin to explain in a judicial way all the steps and possibilities that exist.

First of all, we are going to name the types of evictions that exist and the ways in which these evictions can arise. The first of them is the eviction for non-payment, to be able to initiate this eviction we need to have claimed in a reliable way that they pay the rents that they have stopped paying, this can be done by means of a burofax with acknowledgement of receipt and certificate of content.

This eviction is included in the Ley de Enjuiciamiento Civil, hereinafter LEC

More specifically in article 250, which states "The following claims will be decided in a verbal trial, whatever the amount: 1. Those based on the non-payment of the rent or amounts owed by the lessee, or on the expiry of the contractually fixed term, which seek to recover possession of the property from the owner, usufructuary or any other person with the right to possess a rural or urban property, given under an ordinary or financial lease, or in sharecropping".

We have to take into account, in reference to the time limit, that there must be an interval of 30 days from the reliable summons and the filing of the lawsuit, in order to make it impossible for the plaintiff to enervate, which is thirty days as established in article 22.4 LEC.

How is the procedure initiated? Well, the procedure is initiated by means of a lawsuit before the competent court, something which is established in article 437 LEC, which states that "the procedure will be initiated by means of an ordinary lawsuit in the event that the procedural postulation is mandatory, and by means of a brief lawsuit in the event that it is not necessary".

But in this case, we are analysing the eviction for non-payment, so we have to pay attention to what type of claim will be necessary to present, in this case an ordinary claim will be formulated, as they are processed by verbal trial by reason of the matter according to article 250.1. 1º LEC, being mandatory in these cases the postulation regardless of what the amount of the process is.

Now, we are going to analyse which Court is competent to hear this procedure, being competent to hear the eviction trial the court of the place where the property is located, by the rule of territorial jurisdiction of art.52.1. 7º LEC, necessary (art.541.2 LEC) and controllable ex officio (art.58 LEC).

If you are one of those affected by this case, do not hesitate to contact us.