About third party occupants

What happens when an occupant has a valid lease but has not been paying rent?

The third party occupant hearing will be limited to an examination of the lease. Examination as to whether that contract, which is the subject of the lawsuit, will be considered valid or not.

In addition, as we saw in the previous article, the LEC does not place any limitation on evidence. Thus, the occupant will be able to present the titles in the appearance that justify his possessory situation. Even if he had not previously presented them within the indicated term.

The defendant tenant who provides and proves a title to occupy the property will have a right of tenancy. And thus no action can be brought against him as occupant of the property. The defendant will be in the position of tenant of the property.

Well, as the Provincial Court of Madrid, February 26, 2007, holds, the plaintiff will have to prove the burden. To prove the existence of the lease contract and the validity of the same. At the time of the claim. Alleging and proving the payment of the rents accrued during said period.Being proven that the lessee was in possession of a valid lease contract. We will see the consequences of not paying the rents.

The claims to terminate a lease for non-payment will be carried out through a special process. In the last reform it has been denominated by the doctrine like procedure monitorio of eviction. That is to say, if they wanted to evict them, they would have to do it by means of an eviction procedure. This responds to the outline of the eviction and payment or opposition requirement. A decree will be issued if the tenant does not oppose and allows the term to elapse before the requirement made by the judicial body. By which, the eviction will be agreed.

In the case of accumulation of actions, the tenant will be ordered to pay the amounts claimed. Once the eviction trial has been completed, the defendant will be ordered to be evicted. If the defendant does not comply with the payment request or does not appear to accept or oppose.

The request for execution in the eviction lawsuit is sufficient to execute the decision directly. In addition, no other procedure is necessary for the launching. It will be on the day and at the time indicated in the judgment or when it has been fixed when ordering the execution of the summons to the defendant.

Is the judgment of occupants (to determine the validity of the contract) useful to launch an occupant with a valid contract?

The recovery of illegally occupied housing is introduced by Law 5/2018. As we saw, the Judge must resolve the appropriateness of agreeing the immediate recovery of possession of a dwelling. Housing requested by those who have been deprived of it. Who give neither their consent nor tolerance, thus subsequently evicting the occupants.

Well, in the case of the precautionary incident of art. 441.1 bis LEC, the judge will make an assessment in this regard. If the legal title provided by the plaintiff is sufficient for the accreditation of his right to possess the property. And if, in addition, the occupant does not provide a valid title to justify his possessory situation, an order will be issued. Order that will command the immediate delivery of the property to the plaintiff and the vacating of the property by the occupant.

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Illegal occupation of property

Have they occupied your house? Keep reading. Can I kick squatters out of my house? What do the Courts do? What can they do? Here, we are not dealing with evictions for non-payment of rent or mortgage payments, but of those occupied with k.

According to art. 444.1 bis LEC, the judge will uphold the claim and order the eviction of the occupants by issuing a sentence. When the plaintiff does not provide sufficient title to prove his right to possess the dwelling. And the defendant has not answered to the lawsuit or, if he had done it, he did not have sufficient justification to possess it.

Once a final judgment has been rendered in this summary proceeding, the injured party may resort to the corresponding declaratory proceeding. In order to carry out his claim and discuss the merits of the case with full procedural rights (art. 447.2 LEC).

The order that resolves the validity of the lease in a foreclosure proceeding resolving the incident of third party occupants, may also admit or deny the request for the launching. Thus, as established in the order of the First Instance Court nº13 of Barcelona, May 30, 2016.

If the occupant provides sufficient justification, within 5 days, an order will be issued dismissing the incidental claim.

Conclusions

The accreditation of the valid title in favor of the occupant will make the action unsuccessful. The occupant, therefore, will become a possessor with a just title.

When the tenant does not pay the rents or amounts due, the lessor may initiate an eviction proceeding. The eviction will be motivated by non-payment.

If the tenant does not prove that the rent has been paid, the Court will set a date for the tenant’s eviction.

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Cassation appeals in the civil jurisdiction