By means of the lease agreement, the person who owns the property (landlord) undertakes to make the property available to another person (tenant), assigning its use and enjoyment in exchange for a series of rents, better known as rent.
The lessee or tenant assumes as main obligation the payment of such rent.
What to do if a tenant does not pay
If the tenant defaults on his obligation and stops paying the rents. First of all, it is advisable to know the origin of the non-payment and try to reach an agreement with the tenant, an example could be to establish facilities in the payments.
In case we saw impossible the payment of the unpaid rents we could opt for one of these two ways:
Early termination of the rental agreement .
- As the Law of Urban Leases states in article 27.2, a), the owner of the dwelling has the right to terminate the contract for non-payment of the rent or, if applicable, of any of the amounts whose payment has been assumed or corresponds to the tenant.
Eviction procedure for the tenant who has not paid the rent .
Through this judicial proceeding we will claim two things:
- To receive the amounts that the tenant has not paid for the rent of the property.
- Recover the possession of the property.
The process can be initiated by the landlord when non-payment has occurred, that is, when the tenant has defaulted by failing to pay any amount established as rent. For this it is not necessary that the tenant defaults more than once.
-Once the lawsuit has been filed, the court will require the tenant to pay the debt, abandon the property or make allegations.
-If the tenant pays the amounts owed to the landlord before or during the judicial process, he will not have to vacate the property (provided that one month has not elapsed since the summons, or that he has not previously avoided another eviction in the same way).
-On the other hand, if the tenant does not pay the amounts owed before the hearing is held, does not leave the property or does not present allegations, the tenant will be ordered to be evicted.
WHICH MEASURES TO TAKE IN ORDER NOT TO FACE RENT IMPAYMENT?.
Many landlords, when leasing their properties, have chosen to introduce some requirements to rent their properties safely:
- One possible measure would be to cover payments through a third party. This figure is called aval. Through the guarantor, the landlord will be satisfied for the amounts not paid by the tenant.
- In addition, apart from the requirement of the security deposit, additional guarantees may be established. By means of the additional guarantee we may, at the time of signing the contract, establish, for example, the payment of an extra monthly payment. This is a way to ensure the fulfillment of unsatisfied amounts or to cover the costs of possible damages that the tenant may cause in the property.
- Contract insurance to cover possible damages or non-payments attributable to the tenant as an alternative to additional guarantees and warranties.
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