Is it worth not to declare your rentals ? and take the risk of a disciplinary record ?

The best thing is to find out if the only inhabitant of the House has been delayed by a timely problem, If you don't pay because it can't or because he is a fraudster. Whether it's the first two cases, the best thing is to try to reach a negotiated solution. If it is not possible or is a Moroso professional, lo mejor es buscar ayuda.

In 2014, the average late payments on rents was of 6.489,60 EUR, According to the latest study of delinquent tenants file (FIM). A decline with respect to the harshest years of the crisis: in 2011, came to be in the 8.312,88 EUR. But this downturn is a statistical question, According to Sergio Cardona, Director of studies and quality of the FIM: "The amount of defaults has declined because incomes have dropped. Pero la morosidad ha ido creciendo”.

Cardona clarifies that this outcome is also due to a mutation of the market: reflection of the crisis--whose legacy has resulted inslower alaries and difficulty to access credit-, the percentage of homes in property has fallen. Yes in 2001 property housing monopolized both over the 84% residential Park, now represents the 77,7%; leased real estate, On the other hand, It's been in the 9,6% a más del 15%.

To reduce the times of the delinquent tenant eviction, in 2009 It gave life to the controversial Express eviction, whose procedures were further streamlined thanks to subsequent regulatory changes. Today, the owner may bring an action after a single month of non-payment, and if the tenant does not file allegations in the 10 days after notification comes without having to go to trial. "When a tenant fails to pay always gives many headaches", said Cardona, “pero normalmente se intenta llegar a un acuerdo”.

The best: attempts to reach an agreement

It is better to try to seek an agreement with the tenant to renegotiate the rent or regain possession of the property in the shortest possible time, especially if income is an important support for the owner. Cases, especially since the outbreak of the crisis, where the renting of a second property represents only fixed income of the owner, con el que abona la letra de la hipoteca de la vivienda donde reside o con la que se enfrenta a los gastos familiares.

In addition to resolving more quickly, an arrangement between the parties is more economical than a trial and less traumatic than a route that can lead to eviction. For this reason the first tip is to contact the tenant, whether in person or by phone, to learn about their situation and the reason why has defaulted. If it is not possible to claim the immediate payment of pensions, because the tenant does not have sufficient resources currently, se puede buscar otro acuerdo.

"One possible solution is to divide the amount pending based on the income of the tenant, and never concerned something clearly see from the beginning", advises Esther de el Pozo, Managing Director in Provivienda, Association that promotes the right to decent housing. "It is also a way to raise awareness to the tenant that may not pay and is already; have to communicate their situation. It is better that not is it intended more than the 30%-35% revenue at the expense of rent and supplies", remacha.

Another alternative is to forgive all or part of the debt in Exchange for the release of the housing. "Normally, does not recover the money, because the tenant is insolvent. Court times are long and there are owners who can not stand even a single month of non-payment by their economic situation", remacha del Pozo.

If there is no agreement, claims payment

"If the attempt to reach an agreement has no effect, a request is made in writing in which the amounts due are requested. Are given the tenant a reasonable period of time to become aware and will let know you that, If you do not, the eviction procedure will begin", statement: Fernando García, Promadrid Attorney (Association for the defense of the urban property in Madrid). "Many times, upon receipt of the letter, pay", comenta.

Care: in any case you can cut supplies or threaten the tenant. Se trata de delitos contemplados en el Código Penal por los que el propietario podría ser denunciado y sancionado.

Andres Vilacoba, general Secretary of Adeprovi (Defense of the homeowner association), It is recommended that the claim be by reliable means, for example by burofax. In this way, quedará constancia de que se han solicitado las cantidades pendientes.

Remember, In addition, If you have contracted some kind of insurance of non-payment. If you have not done so, It may be interesting to study it next time, Since this type of policy covers not received income and can help you to check if the documents which you deliver the tenants before signing the contract (as payroll or income tax) son fiables.

Have you not had success? The last via, the judicial

If you've exhausted all your cartridges without solving the problem and don't see it possible to reach an agreement with the tenant, the only thing you have is the judicial procedure to get evicted from the housing. That Yes: You must assume that it is an outcome that can be dramatic for both parties, especially for the tenant. According to the latest data from the General Council of the judiciary (CGPJ), in the second quarter of this year were carried out 18.739 evictions. Although the Agency do not differentiate on the basis of the type of property and its use, most of them - the 52,6%, a 1,2% less about 2014 - were consequence of the law of urban leases (LAU)

Carlos Ruiz, Arrenta Manager (Association for the promotion of the rent and the access to housing), Remember that before going to the courts should distinguish between a simple delay in the payment of income or a default. "If the tenant pays every month after the agreed date - of the" 1 al 7 the month-usually understand that it is delayed and it is not advisable to submit the demand", ejemplifica.

If it is impossible to reach an agreement, the owner may present, the Court of first instance, a demand for eviction which also claimed the outstanding debt. The average cost of lawyer and Attorney is 1.500 EUR, Specifies Ruiz, and the times are around six months. The lessee 10 días para presentar alegaciones desde la notificación de la demanda.

"Many homeowners are reluctant to undertake judicial", says Garcia. "The feeling is that they are removing something yours and over make you pay to get back it", Adds Cardona. Experts say that it is common to try to reach an agreement, about everything when the tenant has always paid, and suddenly is in a difficult economic situation, or expect to get an alternative housing solution before undertaking the legal path. Alarms, say, deben de saltar cuando el arrendatario deja de pagar desde la primera mensualidad.

Before the eviction demand, the tenant can current with payments and freeze it. However, There are two assumptions that prevent suspend eviction: When already has the tenant exercised previously this right - measure to stop delinquent practitioners - and when the owner had already required payment, by any reliable means, at least 30 días ante de presentar la demanda.