IN these days of lockdown, many tenants have contacted our law firm explaining that they cannot pay rents for their commercial premises, store, restaurant, office, etc. There are also a number of landlords who have requested information about the possibility of claiming the rents that are not being paid for their premises or rights to […]
Tenancy disputes / eviction
Traditionally the eviction process in Spain has been criticised for being slow and complex.
Some of the most relevant changes are:
1.- The creation of OSI Office (Oficina de Señalamiento Inmediato has been approved. This office will set at the moment of the presentation of the claim a date for the court hearing, for these kind of cases should be within 20 days. It is true that at the moment the OSI has not yet been implemented, but it is expected to be within the next months, and then, the evictions will be incredibly faster than now.
2.- The verbal process, which on of the fastest court process, will be applicable for these kind of cases; claim for the rents -independently of the amount claimed for-, termination of the letting contract, etc.
3.-Following some other systems, like the one in UK, where solicitors serve the claim to the respondent, as per the new wording of the article 152 of the LEC, it would be possible in Spain to serve the claim to the respondent directly by the procurador of the applicant.
This could save quite a lot of time in the process, as the procurador will be able to serve the claim just one day after its admission, faster than it is done now by the courts.
4.-The new wording of the law also foresees the possibility of the execution of the Court order directly without the need to present a new execution claim, and without having to wait for 20 days from the date of the notification of the Order to the respondent.
Again this would save quite a lot of time to the applicant-Landlord.
To sum up the new changes in the Law already in place will make the eviction and claim for rent processes faster and more efficient. Once the OSI is implemented and working it would reduce the length of these processes from months/years to weeks.
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