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OF NOVEMBER 23, 2009,
MEASURES TO PROMOTE AND PROCEDURAL FACILITATION
RENT IN SPAIN.
And that is the default situation from the rental income has increased even more to the economic crisis, hence the need for reform.
These changes are intended, therefore, to streamline the eviction process and resulting income claim, thereby improving the safety and security of the landlord and tenant and appropriate measure to promote increased supply of rental market and thus contribute to the moderation of prices.
allow reform to serious failings in the rent is spueda housing recovery in a fast and simple, and that the sentence will be sufficient title of deshacuio direct execution of eviction in the day and hour of So there will be no need to start new process.
This law is obtained not have to open a new motion to set the date of finality lanzamineto after sentencing, and that the defendant know the release date of the demand is not required an express warning to know that he should leave the building, since this warning is to demand, and when the day fixed in the order of admission will proceed to lanzamineto without further notice.
The amendments outlined tend to expedite the eviction process, which benefits both parties. Also, try to avoid undue delays in the process elinquilino sought by bad faith. Guarantees and reinforces the likelihood that there is an agreement between the parties, increasing mutual trust.
Other innovations introduced by Law 19/2009 of November 23, 2009, are as follows:
- All actions, both of eviction as a revenue claim shall be processed by the oral, faster and simple. So far, claims of income, if accumulated to eviction, they had to decide ordinary trial.
- The conviction of eviction will be sufficient title dashaucio direct execution, without starting a new trial or other proceeding. For this to be so the applicant must be requested in the application.
- adopting a series of measures to streamline the processes in terms of citations, locations and notifications. Thus, from the reform, if there is no notification on their first try, the citation will be inserted into the bulletin board of the court. In addition, if the defendant fails to appear in court, the decision notification is done through publication, hanging copy of the ruling in court.
Other developments are planned with the reform of the LEC are:
- The decision ordering payment of income include not only those incurred at the time of filing the claim, but also accruing until the delivery of actual possession of the property. The same applies to the "returns processing" (those incurred during the process), then the sentence that condemns the payment of rent will also include the condemnation of income due to meet both the time of filing demand, as well as those accruing to the delivery of actual possession of the property.
is amended - also the deadline for filing for eviction after the payment prior to, falling within two months to one month of default.
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