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Reply #49: Yah don't say. [View All]

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Ghost Dog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-05-11 10:37 AM
Response to Reply #24
49. Yah don't say.
Edited on Mon Dec-05-11 10:41 AM by Ghost Dog
... Problems in getting bad tenants or tenants who have cash flow problems out means that many people are loath to let out their properties and thousands stand empty. Added to those people who find it impossible to pay the monthly rent are the professional debtors who work the system and know that they can spend over a year in a property without paying before they are evicted. The new Ley de Medidas de Agilizacin Procesal (law to speed up cases measures) is supposed to force a more reasonable and shorter time as to when the debtor has to leave the property.

The 2009 express eviction law made sweeping changes to the way these cases were handled. Apart from halving the time required between notification and the request for a court case, it also gave landlords the right to post a debtors notice on the court notice board if the tenant did not receive (or deliberately dodged receiving) the court order. If the debtor didnt appear in court on the day set, another date had to be set. The 2009 law changed all that and if the debtor didnt show up a date for eviction would be set and the debtor was served with the eviction notice within six days. The notice fixed the day and the hour when the property had to be left.

The law meant an improvement, but it wasnt as successful as it was expected to be and it can till take six months or more from the demand for payment to eviction. The main reason has been the crisis and the increase in cases which have meant that thousands of families have been unable to meet their rental obligations. More cases, but the same number of judges means that delays remain similar to two years ago.

The new process does not require a judge to be involved. The demand is presented and the tenant is given 10 days to pay up, leave the property or present a counter claim to explain why they havent paid. The notification is the only requirement before the eviction notice is processed it also contains the day and the time the eviction will take place. If the tenants claim a reason for non-payment and it is not considered reasonable, the original time and date of eviction is maintained and the process for reclaiming the debt owed can continue even if the property is abandoned...


Edit: Unemployment, and it is long-term unemployment, is around 30% in the Canary Islands.
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