Can a landlord kick you out?

Whether the landlord needs the dwelling

This issue is one of the most controversial in residential leases. But the law is clear on this issue. The owner (landlord) cannot enter the rented property without the authorization of the tenant (lessee).

Moreover, on more than a few occasions it is possible to see rental contracts in which there is a clause, imposed by the party who leases the property, which would allow the landlord to periodically enter the rented property to check the condition of the same or if there is a continuous non-payment of the rents.

On other occasions, the landlord decides to enter the rented dwelling because he is aware that the tenant has left the dwelling. In these cases, he could not enter either -if he does not have the tenant’s authorization- and should try to terminate the rental contract or go to court to initiate an eviction for non-payment of rent to return possession of the property to the landlord.

As we explained in the post on rights and obligations of the tenant, the tenant has a preferential right of acquisition of the property, that is, if the rented property is put up for sale, the tenant will have a preference to buy the house.

Eject tenant before 3 years

Ejecting a tenant without a lease: We may find ourselves in other situations that at first glance may seem simpler to solve such as, for example, having a tenancy without a contract. Even if the rental contract is not in writing, a verbal contract is equally binding.

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The landlord must comply with a number of obligations whether there is a written rental agreement or a tenancy without a lease, i.e. an oral agreement has been made.

The procedure for a tenant without a contract who does not want to leave is the same as for a tenant with a contract and in both cases eviction must be used if the tenant does not want to leave the property.

Once all the documentation is presented together with the eviction claim, the tenant will receive within one month a notification of the Decree by which the claim is admitted, which will state the date set for the trial and the day on which the tenant must leave the property for the tenant to take possession.

Compensation for eviction from home

1. The landlord cannot enter without your consent. No matter how many excuses the landlord may make, he has no right to enter the house without the tenant’s permission. If he does so, you could ask the court to terminate the contract and even denounce him because, as stated in the Constitution, the home is inviolable.

Not even if you have pending payment of any monthly payment gives the landlord the right to enter the house. “If you want to recover the property due to non-payment and the tenant does not agree to leave, you will have to go to a judicial eviction procedure and only when the contract has been terminated by judgment and the “launching” has taken place will you be able to freely enter the property”, according to Legálitas.

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3. The landlord must accept your departure after six months. The tenant can leave the property after six months from the signing of the contract, independently of the time that has been agreed in the contract. This is so by the reform of the Law of Urban Leases, although for it it will have to communicate it to the proprietor with a minimum advance of 30 days.

I am a tenant and my landlord wants to quarantine me.

Ejecting a tenant without a lease: We may find ourselves in other situations that at first glance may seem simpler to solve such as, for example, having a tenancy without a contract. Even if the rental contract is not in writing, a verbal contract is equally binding.

The landlord must comply with a number of obligations whether there is a written rental agreement or a tenancy without a lease, i.e. an oral agreement has been made.

The procedure when a tenant without a contract does not want to leave is the same as for a tenant with a contract and in both cases eviction must be used in the event that the tenant does not want to leave the property.

Once all the documentation is presented together with the eviction claim, the tenant will receive within one month a notification of the Decree by which the claim is admitted, which will state the date set for the trial and the day on which the tenant must leave the property for the tenant to take possession.

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