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3Our law firm Fernández Navarro Abogados has a wide experience in conducting eviction actions for non-payment of rent or expiration of the lease.
Our outstanding ability to adapt to new technologies, together with our coordination with procuradores (attorneys) and our vast knowledge on Court proceedings, allow us to conduct eviction actions in a quick and efficient way, thus making personal appointments unnecessary and subsequently reducing our costs and therefore those incurred by our clients.
Should your tenant fails to pay the rent and/or the rental agreement has terminated, it has never been easier for the landlord! Just send us an e-mail providing us with the following information:
- Your personal data (full name, passport or NIE number, address and contact phone number).
- Whether you wish to claim for the unpaid rents together with the restitution of the premises or not.
- Whether you are willing to offer a discount on the debt provided that the tenant moves from the rented premises within 1 week from the reception of the notice to quit possession or within 15 days from the date the summons and complaint are issued and served upon the tenant (minimum time frame established by law).
- Copy of the rental agreement and a breakdown of the owed rents, supplies and other nature of debts together with a proof of items and bills paid by the landlord and owed by the tenant, should that be the case.
We will send you a no-commitment cost estimate (including a detailed breakdown of costs) and a feasibility assessment within 24 hours.
Should we consider your case as feasible and you accept our estimate, we will require your tenant to quit the premises within 24 hours from the receipt of the estimate signed by you as a sign of approval and the transfer of 30% of the cost estimate as a provision of funds. Should the tenant not quit your property within 4 working days from said notice to quit, we will file an motion for eviction in the court for non-payment of rent and/or expiration of the lease.
If you think your tenant is solvent and does not pay for any other reason (should that be the case, you can ensure that the tenant does not paralyse the proceedings by settling the debt amount), please let us know so that we let 1 month elapse between the notice to quit and the filing of the judicial motion for eviction. Thus, according to law, your tenant shall not be entitled to stay in the premises by settling the debt, which could mean a risk for the premises’ integrity depending on the personal conditions of the tenant.
After filing the motion for eviction, the court will verify if the motion complies with all the requirements established by law. You shall wait 2-4 weeks for the Court to admit the motion to procedure, to issue an order for the tenant to vacate (or to prove that no debt is due), and to fix the date and time for the possible hearing to be held (only in the case that the defendant contests the claim) and for the eviction to take place, which usually occurs about 6-7 months from the filing of the motion.
Once the premises have been restituted to their landlord, we will estimate the costs incurred in order to obtain a judicial investigation on your tenant’s patrimony to quantify his/her solvency more accurately before filing a lawsuit to recover the debt, thus avoiding unnecessary costs. If you so require it, we can also arrange an energy efficiency certificate for the new rental or sale of your property and sign a 6-month multi-exclusive contract with a trustworthy collaborator real estate agency (they will estimate your property’s value, edit a photo and video graphic report of the premises and handle its publication on all advertising spaces, share the offer with the area’s main real estate agencies and even show your property to potential tenants/buyers without needing you to do anything at all) so that your property becomes profitable again as soon as possible.