If all goes as it should come out next July 1 finally launch the new website of subastaFACIL.com
Designed to give national coverage to the entire auction environment, created with the aim of incorporating all the FREE information that we can locate auctions throughout the entire country.
You can view the beta version of the new site here.
We will keep you abreast of new features.
Today I echo a related to the real estate has jumped on these days in various media and on which many speculate: "A favorable ruling on appeal proceeding before the Supreme Court Affirm Lawyers & Consultants believes that a mere delay in paying rent for the second time, after the tenant has already been sued before, and even then pay the monthly delay, will be cause for eviction if the lease provides for a maximum period of payment. "
I would note that this headline and read, may be misleading, as often happens every time he goes to light in the media a Case Supreme Court of great social importance. There is no model that can serve Judgement for all eviction procedures for late payment of rent, but this will depend on several factors:
1. The lease should set a deadline for the payment of the amounts. The sentence cited in this article, allowed the appeal and ruled in favor of the formal eviction on the ground that the contract between the landlord and the defendant demanded the advance payment of monthly income, and fixed a maximum period of eight days late to carry out the eviction. Thus, having a delay of two weeks in rent for the month of March 2002, when the delay following a previous eviction action, did not imply a delay but a breach of the obligation to pay the rent, so there was no abuse of rights in the exercise of the plaintiff's action. Therefore, we must remember that those who are interested in renting a home must first seek advice so they can draft a good contract. Thus, if the contract establishing the payment date for the 5th of each month, or as usual, being the 5th and the 10th of each month the tenant may make such system on 20 and nothing happens.
2. There must be first eviction action after the current eviction procedure for the same reason. This means that not enough that the tenant has been delayed two or more times in the payment of rent, even that is a defaulter in a system, it is also necessary that has been sued for it, that is, which already has a Previous eviction action and this has also been called into question by the defendant - this occurs when the tenant is a person in the proceedings of eviction and pay once filed the lawsuit but before held the act of judgment-in this case the rental proceeds as if nothing had happened. And herein lies the novelty of this sentence, that this action enervation that until now could make the defaulter whenever wanted, without there being a limit, and forcing owner call a procedure every time the tenant let him pay, from now on only be done once, since the second time delay in payment and be sued, you can not stop the lawsuit even if you pay before trial.
3. It is not even necessary that the second application has been filed before the tenant to make payment, and that the invalidating. Once there is a previous procedure for eviction, the tenant can no longer delay in the re-payment of rent since in this case the mere delay will cause to the owner requesting the termination of the lease, even when payment has been made that the owner BEFORE the application is before the court.
The significance of this ruling is that this second delay will not invalidate or cancel the eviction, as well prevents the tenant decides when to pay, as has been happening for several years. This Supreme Court decision, is a relief for many owners of rental homes to see how to collect the rent becomes an adventure, and they do not know when they will receive the money, thereby violating the rights of the owner. Moreover, this landmark ruling could open the door to thousands of forced evictions, so from now on: Beware delays in paying the rent!
Nivia Tiel - Legal Dept. subastaFACIL.com
Today I echo a related to the real estate has jumped on these days in various media and on which many speculate: "A favorable ruling on appeal proceeding before the Supreme Court Affirm Lawyers & Consultants believes that a mere delay in paying rent for the second time, after the tenant has already been sued before, and even then pay the monthly delay, will cause the eviction, provided that the lease provides for a maximum payment period. "
I would note that this headline and read, may be misleading, as often happens every time he goes to light in the media a Case Supreme Court of great social importance. There is no model that can serve Judgement for all eviction procedures for late payment of rent, but this will depend on several factors:
1. The lease should stipulate a maximum time limit for payment of the amounts. The sentence cited in this article, allowed the appeal and ruled in favor of the formal eviction on the ground that the contract between the landlord and the defendant demanded the advance payment of monthly income, and fixed a maximum period of eight days late to carry out an eviction. Thus, having a delay of two weeks in rent for the month of March 2002, when the delay following a previous eviction action, did not imply a delay but a breach of the obligation to pay the rent, so there was no abuse of rights in the exercise of the plaintiff's action. Therefore, we must remember that those who are interested in renting a home must first seek advice so they can draft a good contract. Thus, if the contract establishing the payment date for the 5th of each month, or as usual, being the 5th and the 10th of each month the tenant may make such system on 20 and nothing happens.
2. There must be first eviction action after the current eviction procedure for the same reason. This means that not enough that the tenant has been delayed two or more times in the payment of rent, even that is a defaulter in a system, it is also necessary that has been sued for it, or an existing one Previous eviction action and this has also been called into question by the defendant - this occurs when the tenant is a person in the proceedings of eviction and pay once filed the lawsuit but before held the act of judgment-in this case the rental proceeds as if nothing had happened. And herein lies the novelty of this sentence, that this action enervation that until now could make the defaulter whenever wanted, without there being a limit, and forcing owner call a procedure every time the tenant let him pay, from now on only be done once, since the second time delay in payment and be sued, you can not stop the lawsuit even if you pay before trial.
3. It is not even necessary that the second application has been filed before the tenant to make payment, and that the enervation. Once there is a previous procedure for eviction, the tenant can no longer delay in the re-payment of rent since in this case the mere delay will cause to the owner requesting the termination of the lease, even when payment has been made that the owner BEFORE the application is before the court.
The significance of this ruling is that this second delay will not invalidate or cancel the eviction, as well prevents the tenant decides when to pay, as has been happening for several years. This Supreme Court decision, is a relief many owners of rental homes to see how to collect the rent becomes an adventure, and they do not know when they will receive the money, thereby violating the rights of the owner. Moreover, this landmark ruling could open the door to thousands of forced evictions, so from now on: Beware delays in paying the rent!
 |  |  |  |  |  |  |  | ||||||||||||||||||||||||||||||||||
| By N2H | |||||||||||||||||||||||||||||||||||||||||
© 2010 subastaFACIL.com - All rights reserved.