With respect to rights, the tenant cannot be evicted without any of the conditions that fall under this type of action and yet, the term of vacancy is 30 days on average. In the event of non-payment, for example, if you make the escrow deposit of the amount due on time, purging the late payment, the contract may be terminated. From Kolodny & Co. you can have the most dedicated service now. In this case, the lessee and the guarantor may avoid the termination of the lease by making, within fifteen days from the summons, the payment of the updated debt, regardless of calculation and by judicial deposit, including:
- The leases and accessories of the lease that have expired until their realization
- Fines or contractual penalties, when required
- Interest on late payments
The costs and fees of the landlord’s lawyer, fixed at 10% of the amount due, if the contract does not contain a different provision. Attention should be paid, as there is a prohibition on the purge of late payment when it has been used within twenty-four months immediately prior to the filing of the action.
How is the tenant evicted?
After reviewing all contractual circumstances and the law, there should be a conversation with the tenant to try to resolve the issue in the friendliest way possible. If this does not occur, an eviction injunction shall be issued, setting forth the arguments for such situation.
What can the renter do to avoid being evicted?
The lessee, upon being cited in the eviction process, that is, upon becoming aware that the lessor is willing to evict him, will have the following options:
Filing a defense claiming, for example that the rent was paid and that the landlord’s allegations are not true. If the eviction action is defaulted, the lessee has a period of 15 days to pay the arrears, including rents, accessories, contractual fines or penalties, arrears interest, and the costs of the arrears. as well as the lessor’s attorney’s fees. Remember that the tenant can only make use of this benefit once every 24 months, this to prevent the landlord can only receive the amount related to the lease upon entry of the process, as stated above.
It is important to remember that during the term of the contract, as a rule, the lessor will not be able to recover the rented property, except for the exceptions provided for by law. The lessee may return it by paying a fine proportional to the period of performance of the contract, and, if applicable, negotiate with the lessor a minimum length of stay to be released from the fine after a certain period.
The lessor and the lessee must thus contract and recognize the firm. In the case of an apartment, the tenant receives a letter from the real estate authorizing the change that must follow the internal rules of the condominium.
Finally, it is imperative that the tenant keep an eye on rent adjustments, and it is certainly intended to correct the inflation of the currency and should occur annually. Wait for your review on the Credit Protection Service (SPC), and if there is no pending on your behalf, the credit is released.