FACILITATION OF EVICTION PROCESSES rentable
The 24 December 2009 entered into force reform in the new law building measures and procedural streamlining rent and energy efficiency of buildings (Law 19/2009 of 23 November).
It is well known that, either for reasons of culture or tradition, the English we have opted for the home ownership, given the widespread thinking that they always tend to increase in value. This is joined by the acclaimed distrust in the market for rental housing, along with favorable financial conditions to indebtedness. Thus, although the situation described is beginning to change, it still requires the adoption of incentive measures that lead society to believe in both economic, and social and labor provided by the rent, as opposed to the acquisition of ownership.
These measures should be aimed primarily at promoting legal certainty for the parties, a goal that is achieved through accelerating the process of eviction. This obviously results in increased confidence of the landlord and, therefore, the promotion of the rental market, safeguarding, in any case, the rights and guarantees that protect the occupant in good faith.
Thus, in accordance with the amendment carried out in the Civil Procedure Act, the claim of the income from the lease (when not accumulate eviction) will be provided for the processing of verbal action, regardless of the amount , which saves the rental agreement, facilitating the process that will be solved soon now. Similarly, when claims for pensions or sums due for payment and access to the opposition is made by the lessee, the final decision will follow the procedures of the oral trial, whatever its size.
Moreover, in many cases are reduced time and eliminating non-substantial steps so far dilated over the conclusion of the process. In this respect, and a cursory way, we can say that the sentence of eviction shall be issued within five days after the completion of the hearing, in cases of eviction, the very summons to a hearing notice contains the citation for of the sentence in the event the defendant fails to appear at that hearing, and the launch will occur on the date specified in the resolution without further notice, the sentence of eviction for non-payment or expiry of the deadline shall be notified by advertisements by posting a copy of it on the bulletin board of Judicial Office if the defendant fails to appear as cited for personal service, and the application shall be sufficient demand for the direct implementation, without further formalities.
