We have a long history in the treatment of cases of delinquency in the payment of the house or commercial premises . This enables us to advise landlords and tenants in order to obtain the most favorable and quick result for our client.
In our office of Lawyers in Granada we offer the following services related to evictions to individuals or companies, tenants or landlords:
To start an eviction process, it is enough to have a single unpaid monthly payment . Except in cases where a superior breach has been established.
In order to initiate an eviction process it is not mandatory to send a request to the tenant, unless you want to prevent them from undermining the eviction action.
If you also want to sue the guarantor, you must send a payment request before filing the claim.
As usually happens with this type of procedure, the time of the process will depend on the workload that the Court has, such as that of the service that is in charge of executing the launch.
It will also influence the hiring of an eviction attorney who specializes in these cases. The margin is usually three to six months, to recover the property. Although in some cases the tenant may request the suspension of the procedure for a period of up to six months to avoid situations of vulnerability.
Dismissing supplies or not paying for them can lead to a criminal conviction. Since the Court can understand it as coercion.
If the payment of supplies cannot be met, it must be proved and it will be advisable to notify the tenant.
Lawsuits for precarious eviction or for claim of amount are processes that are initiated to resolve a lease and recover a home that the tenant has stopped paying.
In these cases, you can request the payment of the monthly payment from the first month in which the contract ceased to be fulfilled. In addition to the refund of the deposit.
The tenants for their part have to give possession of the property in the shortest possible time. If they continue to refuse to leave the property, they will be expelled by force with the help of the State Security Forces and Bodies.
It is important to have the legal advice of an eviction expert in Granada in any of these cases.
Eviction from the bank occurs when mortgage loan receipts fail to be paid. In this situation the bank can decide whether to negotiate, or to initiate the foreclosure procedure. The latter means that you start the necessary procedures to auction the property, which is the guarantee of the return of the money that the bank lent you and that you cannot return.
The best option is to negotiate with the Bank Director if the house can be delivered to pay off the debt.
If the bank estimates that you will not be able to return the money, it will be able to foreclose and auction the house. If no one bids for it, this procedure is void and the financial institution will award it for 70% of its value. If the percentage does not cover the outstanding debt, including expenses, the debt will remain and part of future income and assets will be garnished.
Not only can it be, but it is ideal when you cannot afford the mortgage payments. This will not get the bank to withdraw the debt or take pity, but it can help to negotiate and seek solutions with more time.
A lack of capital can be negotiated; sell the house on time for the best possible time so as not to owe money to the bank; agree to a dation in payment with the bank, that is, to deliver the home in exchange for the cancellation of the outstanding debt with the bank.
You will not always be able to pay off the debt with the bank after handing over the home. To qualify for the dation in payment, a series of requirements must be met, including:
That the mortgaged or family unit is in a very precarious economic situation, belonging to the exclusion threshold
That the members of the family unit do not have income derived from work or other assets with which to pay off the debt
A monthly mortgage payment higher than 60% of the family income
As advisers and eviction lawyers Granada we advise you on everything the process to reach an agreement that is most favorable to you.
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