Eviction Express
approval in the House of Representatives, the bill Expedite Development of Procedure of Rent has awakened in recent weeks a great expectation in the property sector and among the owners. Will it be really effective? Will it give greater security to homeowners who want to rent your property safe?.
In Arrente been analyzed in detail the legal text to conclude that not represent, in practice, major changes to the current situation, nor will accelerate the process, unless they are accompanied by further reforms and, However, more material and human resources in the courts which is where, ultimately, has the largest delay.
It is true that there is a positive development. On the one hand, we can avoid the forced extension, or the tenant's right to go to expand the contract signed regardless of length, up to 5 years. With the new legislation, provided it is established that possibility in the contract, the owner can book the apartment for himself, for a child, a parent or spouse in case of divorce. On the other hand, is removed within 20 days you had to wait in urging the execution of a judicial or arbitral decision (decision or award).
does not solve the lack of notifications and communications
However, the notification on the notice board, in cases which can not be contacted directly with the tenant, far from being a solution will be a problem and can delay the effectiveness of eviction from 4 months to two years. Only
when there is agreement between the parties are accelerated procedures, but the agreement was possible before this Law: Landlord and tenant have always had that option, with or without legal text.
not to give more material and human resources to the courts
Courts are full, collapsed, as the common services of notices and foreclosures. That is, no media, no agents, no days are available to advance the time to point out the sights or release. The officials and agents have to deal with more complaints and to launch more tenants and mortgage borrowers, so that by the year 2010 there are no dates. For Therefore, the average time to achieve, through the courts, a pitch for eviction for nonpayment will remain the same until there is more material and human resources in the courts.
Arbitration unique "eviction Express" cash
From his experience in the rental market and the resolution of conflicts between owners and renters, Arrente believes it would take to establish other measures, mainly in to media. Therefore, in 2009 and 2010, the only "eviction express" really efficient will remain the Legal Arbitration, which is for owners save an average of 6 months in time and more than 5,000 € in economic effort.