This much-anticipated law was finally approved yesterday. It amends the Civil Procedural Law, the Tenancy Act (http://noticias NULL.juridicas NULL.com/base_datos/Privado/l29-1994 NULL.html) and the Commonhold Act (http://www2 NULL.icamalaga NULL.es/funcio/legales/coleg6/lphingles NULL.htm).
The gist of this new law is as follows:
- Timeframe reduced to file eviction law suit down from 2 months to 1. Landlords had to imperatively wait two months of unpaid rental before they could initiate the formal eviction procedure through the civil law courts. This has now been reduced to only one month’s waiting time.
- Swift execution of the eviction. The judge’s ruling will suffice to execute the eviction on the day and time that is agreed. The landlord is free to agree with his non-paying tenant to condone part of the debt providing the defaulting tenant leaves the property immediately. As from the ruling, the deadline to vacate the property has to be a statutory minimum of 15 days. It may even reach one year depending on what’s agreed.
- The whole legal procedure is substantiated through a verbal court procedure, as per Spain’s Procedural Law (this is not a novelty). This should be faster, in theory.
- The landlord can now waive the statutory long-term let of 5 years. He may now include clauses within the Tenancy Agreement in which this compulsory timeframe does not apply. i.e. a clause whereby it is stipulated that the property will be needed for the landlord’s own use or for his family’s. However, if after 3 months’ time the landlord or his family have not taken possession of the property, he will be forced to re-install his ex-tenant and award him a suitable compensation to offset the expenses of the move.
- Changes in the Community of Owners. Commoners will have to approve by simple majority (3/5) those improvements in the community whose aim is to be ecologically-friendly i.e. improved water or energy ducts. If these improvements can be individually enjoyed by the commoners then only a vote of 1/3 is required.
Source: El Mundo newspaper. (http://www NULL.elmundo NULL.es/elmundo/2009/10/29/suvivienda/1256805906 NULL.html?a=STAd673ea6dce5b7ad0a7c9d8eaad1e02ce&t=1256894335)
Related blogs and articles:
- Non-Paying Tenants? No Longer an Issue – 23rd October 2009
- Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain (http://www NULL.marbella-lawyers NULL.com/articles/showArticle/spanish-comunidad-de-propietarios) – 26th June 2009
- New Express Eviction Law: Much Ado About Nothing -13th July 2009
- Paying the Rent Late Twice will be Cause of Eviction – 4th June 2009
- Spanish Express Eviction Law Pre-Approved (http://belegal NULL.com/blog-by-antonio-flores/spanish-express-eviction-law-pre-approved/) – 24th December 2008
- Landlords Afraid of Non-Paying Tenants Take Pre-emptive Measures -16th September 2008
- Landlord: Keys to Successful Rental Income (http://www NULL.marbella-lawyers NULL.com/articles/showArticle/income-lease-rental-insurance-spain) – 31st January 2008
- How to Evict Non-Paying Tenants (http://www NULL.marbella-lawyers NULL.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property) – 17th December 2007