EVICTION PROCEDURES

EVICTION PROCEDURES

What are?

In case of non-payment of the rent or expiry of the contract, the owner's right exists (landlord) al release of the property by the conductor (lessee or lessee).

How many forms of eviction exist?

  1. Notice of licence (or cancellation) for finished lease: the owner gives notice of cancellation when Still the lease has not expired because he wants a enforceable title to obtain release upon expiry;
  2. Eviction due to termination of tenancy: the owner orders eviction after the deadline of the contract not renewed to achieve a enforceable title for the release of the property;
  3. Eviction for non-payment: in the case of failure to pay the fee at the agreed deadline, even for just one month, or in case of failure to pay condominium charges "borne by the tenant" in an amount equal to at least two months' rent, the landlord orders eviction, being able to also request payment of unpaid fees, by order for payment.

The eviction process.

The notice of cancellation or eviction is notified to the tenant with a summons.

Various scenarios can occur at the first hearing:

  • the landlord does not appear. Then, the effects of the injunction cease from a procedural point of view (Therefore, the lessor will not have the enforceable title), but not from a substantial point of view (this means that the contract will not be renewed, except in the case of default where validation by the Judge is necessary);
  • the accused does not appear or does not oppose. The Judge validates the license or eviction and assigns a deadline within which the defendant must release the property free of people or things. This deadline has passed, the lessor can use the Bailiff for the release.
  • the accused appears and yes opposes. Then, if after he c.d. rental ritual, which ends with sentence that, if it establishes the landlord's right, condemns the tenant to release the property.

Grace period.

In the event of default, the conductor, if proven difficult conditions exist, he can ask the Judge to grant him a grace period (not more than 90 days) within which to pay all sums due, that is to say:

  • i expired fees on the date of receipt of the eviction notice;
  • The ancillary charges (for example condominium expenses) expired on the date of receipt of the eviction notice;
  • The legal interests;
  • the court costs settled at the hearing (honorariums, revenue stamps and notifications).

The Judge sets a hearing, not more than 10 days from the expiry of the grace period, to verify the payment of all sums due. If the arrears persists, at the next hearing, validates the eviction. Thus the execution phase begins with the release of the property.

The tenant has the possibility to make the payment at the hearing (or within any grace period granted) a maximum of three times within a four-year period.

Furthermore, if the failure to pay the rent is due to the tenant's precarious economic conditions caused by illnesses, serious and proven difficult conditions o unemployment, the grace period granted is 120 days, but only if the arrears do not exceed two months.

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