I have seen a very interesting and personalized dispute between two lawyers regarding the origin or not of a certain cause in the eviction process, even though both parties understand how to fill out eviction note. Beyond their conflicting but respectable opinions, it will finally be the responsibility and function of the magistrates to land in each specific case, always respecting our Constitution and the law in favor of the predictability of judicial decisions and the legal security that we so need.
In this sense, it is public knowledge that today the position of landlords regarding the recovery of the goods they have leased has become a social problem. Experience tells us that not only do judges resolve similar cases in different ways, but the opinions of jurists are dissimilar as we will see later, and some lawyers even choose to blame the Judiciary, alleging disproportionately to my modest understanding that judicial eviction processes can last up to a few years.
With knowledge of the facts, I can say that currently an eviction process, initiated with a well-prepared lawsuit and proactively processed, should not take much time (I am talking about a good lawsuit, which complies with the requirements established for each cause or type of eviction and that it be sentenced at a hearing); It demands that it is the absolute responsibility of the sponsoring lawyers, who often collaborate with the procedural dilation by presenting little-worked writings.
An eviction process, by its very nature, should be brief and fast, however, that does not generally happen in our country. It is very probable that part of this delinquency reported by the statistics is sustained and is increased by those tenants who take advantage of the knowledge regarding the duration of an eviction process before the Judiciary and, through a malicious analysis of “cost-benefit”, decide to stop paying the conductive grant and live free during the entire legal process, at the expense of a landlord who, in addition to not taking the precautions of the case with respect to his tenant, did not seek advice from a lawyer diligent when leasing your property.
In this sense, although we know that in the Judiciary -be it due to procedural burden, lack of vocation of its operators, provisional charges, limited logistics, contradictions in decisions, and perhaps corruption- the processes are slow and exhausting (at Sometimes people prefer a bad arrangement to a good judgment); It is also true that the landlord’s lawyers help the processes to fail in their processing because they sue incorrectly by not ing compliance with the requirements for the various paths that the law empowers them.
Additionally, most landlords seek to add to their eviction claim, the payment of the monthly payments owed for rent, maintenance, services, penalties, and even compensation, a situation that can further complicate the purpose of the process, which seeks to determine the right to own certain property.
In the present work, we will try to give some scope at the procedural level, so that the landlords (and their lawyers themselves), make the best decision to be able to access the search for an effective eviction process, based on the documentation with which they count and to current legislation and in this way to be able to frame it with current court rulings. In short, knowing the eviction process in a very practical way, and being able to opt for the simplest but safest strategy, in order to be able to achieve the restitution of your property in the shortest possible time.
How about eviction due to the expiration of the contract?
This process is based on the existence of a fixed-term contract, which at the start date of the eviction process must be expired. So far there does not seem to be any complication. In general, if the tenant who occupies a property with an expired contract is required by the tenant for its restitution, he becomes a precarious possessor, consequently, the competence to hear this type of process is transferred to the specialized courts civilians, that is, it leaves the sphere of the justices of the peace, who are competent up to those contracts. After all, this is not a minor fact because the fact that a specialized civil court is competent, any judicial decision would be subject to appeal, which would obviously delay the process.
So little of my knowledge that I can share with you all. Hopefully, this article was useful to add to your insight about eviction. Thanks for reading.
Image by Mohamed Hassan from Pixabay
