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, It is best to seek help.
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. But delinquencies has grown".
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% to more than the 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, "but normally you try to reach an agreement".
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, the letter of the mortgage of the House where it resides or with which confronts the family expenses you pay that.
Care: These practices are illegal
Your tenant stopped paying the rent and refuses to leave the floor? Do you know encourage you to threaten, changing the lock or cutting off supplies? Even if you are angry, do not do.
"Point cutting into supplies is conduct that can ground circles on the crime of mild coercion; threats, Depending on their content, they can be mild offence or crime. Lock change implies a breaking and entering", breaks down Rosario Ubero, Director of the Legal Department and personal provivienda.
It is also a crime, According to the criminal code, Act in a hostile or humiliating way with the aim of preventing the legitimate enjoyment of housing. "A course of a judgment is that of an elderly lady with a former lease that is disturbed by some tenants surrounding who is them rented housing for this purpose", exemplifies Ubero.
It is also a problem refusing to carry out the necessary repairs to the habitability of housing. Yes the lack of maintenance, In addition, it comes to create problems with the community, the owner is responsible for. "The best way is to pay and then claim", says Andrés Vilacoba, general Secretary of Adeprovi.
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, You can search other agreement.
"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 well.
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", comments.
Care: in any case you can cut supplies or threaten the tenant. It is crimes referred to in the criminal code that the owner could be denounced and punished.
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, will be proof that the outstanding amounts have been requested.
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) they are reliable.
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", exemplifies.
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 days for appeals from the notice of demand.
"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, they should jump when the lessee fails to pay from the first monthly fee.
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 days before filing the lawsuit.
Guarantees before renting
Experts advise the owner to ensure, before signing the contract, the tenant can comply with its obligations to end up having no problems. "Not just to find out that you can, but who wants to pay", resume David Caraballo, Commercial Director of car insurance. "We must analyze their income and is not in any morososo files".
In addition to exist the possibility of requesting a guarantee banking or personal - lesser-used practices, are often difficult to obtain and the tenant cannot afford them-, car insurance formula is spreading. In this case, the company that intermediate policy checks that the lessee is solvent, In addition to covering the eventual non-payment during the period of time agreed in the contract.
It is also possible to set, in the contract, the Court clause to be replaced by an arbitration agreement, It tends to be a faster and cheaper way to resolve conflicts. "Arbitration is conceived by the parties as less coercive and the possibilities of reaching agreements are far superior. It may be in more of the 35% cases", says Carlos Ruiz de Arrenta.
