The Spanish Association of Planners Lawyers Advocates amend the law on eviction procedures

For though the Council of Ministers has approved the submission to the Parliament of the Bill-Building Measures Housing Rent December 12, 2008 and aims to facilitate these processes include Eviction, however the measures collected is insufficient. Not resolve the issue of notices to tenants who is the main cause of the delay of these processes. Since the courts currently considered as valid only the notifications that are collected personally by the defendant or someone to take care of it. If the citation or attempted delivery of summoning the tenant Demand for designation of the trial does not occur at first, because it is absent, has left the building and was not located, the fabric of the Tribunals process increase significantly in time. Having to re-summon him again, after finding out another home by Equity Inquiry Service through the same court, and finally if this also fails, you have to deploy by Edict. And not only that, but after obtaining the landlord Eviction Judgement in your favor, you have to file new claims seek enforcement of it for the launch and recover, as we use and availability of the property.

All this procedure causes a long delay in the courts and who ultimately gets hurt is the owner waiting months and months to be able to recover the availability of commercial, office or home. The government therefore needs to change the law (eviction procedures) so that, with respect to the guarantees of defense that has to be given to tenants, owners turn to have a trial according to what they claim the Spanish Constitution, and that includes the art. 24 of our Constitution, which guarantees the right of all persons to obtain effective judicial protection of the Courts in the exercise of our legitimate rights, but in no case may a lack of defense. The law must be modified and from the Association requested the Government to modify them to avoid delays at the sites to Tenants in the courts and must be placed these only once. And if it is negative by the tenant not located , but the citation has been reported n the address as stated in the contract where the defendant, it must be valid without further citations only cause unnecessary delays in the process and only hurt the owners demand.

So has ruled Gen. Secretary of the Association Ms. RUEDA MARIA DE LOS REYES SERRANO, which appears in the photograph. SPANISH ASSOCIATION OF LAWYERS URBANISTS C / Rodríguez San Pedro No. 13 Bis. 2 º Madrid 28015. Ph: 91 593 32 43 www.aeaurbanistas.com Blog published and distributed by www.rinconlegal.com