With the outbreak of the real estate bubble, the brick market criteria changed radically: where previously new or used real estate was bought, not only as a first or second home, but as a speculative element, leaving the figure of the lease in the background, today in day the tables have turned. The economic conditions of the people have worsened markedly throughout the national territory, in almost all social layers, and the market for buying and selling houses is not only not lucrative, but also a well in which even today day begins to glimpse the light of recovery far away. In this context, in some cases for convenience and in others because there is no longer the means to buy a house, even if it is really to inhabit it, the rental market has increased greatly and, added to the moment of economic crisis of the that we do not finish leaving at all, it results in a greater delinquency in this sector. Thus, the collection of rental debts has become a serious problem that many homeowners are facing more and more today, so that, in 2016, late payments in the rental market rose to almost 12% in Spain
In this post we delve a little into this issue and give you new and effective solutions.
Regular judicial and extrajudicial actions for the collection of rental debts.
What can the landlord do when the rent is not paid?
Let’s be clear: no matter how much the legal proceedings have been accelerated to be able to claim the amounts due or evict the delinquent tenant, the truth is that nobody wants to be involved in a judicial procedure, however fast it may be, with the inconvenience, expenses and uncertainties that this entails. Typically, the person who has leased a home has the utmost interest in resolving the matter extrajudicially .
In the game of the collection of rental debts there are rules that must be respected and, one of them, says that you can not expel someone from the property that lives without a judicial resolution that so orders: eviction
The truth is that avoiding having to go to court is a desire that, on many occasions, becomes almost utopian, especially when we find real delinquent professionals in front of whom the collection of rental debts becomes an impossible mission: phone calls, mobile messages, emails, letters … If there is no willingness to resolve the matter by the tenant, the solution with these means becomes quite arduous.
On the other hand, do you think that if the tenant does not pay you, you can kick him out of the rented house without more? Well, you are wrong. In the game of the collection of rental debts there are rules that must be respected and, one of them, says that you can not expel someone from the building that lives without a court order that so orders: eviction . In any case, as we shall see, the procedure for reaching this eviction has been attempted to facilitate and accelerate by the legislator, although it has not been improved when granting greater means or tools to achieve debt collection left pending by the tenant, safe from what we will discuss later on the entry into operation of ginfa.
What extrajudicial actions can the landlord carry out for debt collection?
As we said, when the landlord verifies that the days of the month provided for the payment of the rent have passed and the landlord does not carry out the same, he can choose to take extrajudicial actions to try to resolve the situation. First of all, it will be necessary to be in the concrete case: it is not the same if we are faced with a tenant who habitually fulfills his payment obligation and who, in a specific month, has been able to encounter economic difficulties or some other problem or unforeseen It has prevented him from paying the monthly rent, that if we are facing a habitual delinquent. In the first case, the logic does not say that, rather than losing a good tenant turned into a temporary debtor, it is convenient to show a left hand and grant him facilities. With an agreement that allows a deferral of payment, it will probably be possible to redirect the situation satisfactorily in terms of debt collection in such an event.
If the reality is different and the landlord is really an accomplished delinquent , we should preferably undertake a progressive claim system: it is advisable to start with a first contact (phone call, message or mail) to check what kind of Failure we really met, an accidental one or a voluntary and calculated one. Secondly, if non-payment persists, our recommendation for debt collection is that a formal claim be made that makes a reliable record of your shipment, if possible, through burofax with acknowledgment of receipt and text certification. In this way, when we come to see ourselves in the need to have to file a lawsuit, we can prove to the judge our good faith that has led us to exhaust the extrajudicial route. Other types of shipments (an ordinary or certified letter, for example) will not serve as evidence before the court in regards to their referral or in terms of the content of the sent.
It is not the same if we are faced with a tenant who usually fulfills his payment obligation and who, in a specific month, has been faced with financial difficulties or some other problem or unforeseen that has prevented him from paying the monthly rent, which if we are facing a habitual delinquent
In this sense, it is always interesting, for cases in which there is a tenant’s guarantor , to also make the claim by burofax before the filing of the claim, so that, when it is time to face the judicial process, may also include the guarantor in the action.
What are the legal actions that the landlord can do to collect rental debts?
The famous eviction trial has received recent modifications that have not ceased to generate some social controversy because of the greater speed and simplification granted to expel the non-compliant tenant from the home.
In the lawsuit, the lessor can request the eviction and the corresponding recovery of the possession of the property of his property and, in addition, the collection of debts arising from the income left to duty and assimilated amounts (invoices of supplies and, where appropriate, community expenses, for example). The simplification of the procedure is given by the fact that, if there is no notice of opposition by the tenant, the procedure is terminated directly, indicating the date and time for the launch (expulsion) of the tenant and leaving the landlord open the possibility of urging immediately the execution of the debtor’s assets for the collection of rental debts . In addition, it is ensured that there are no delays that were occurring when the tenant paralyzed the procedure at any time to make the request for free justice, so that now you can only do so within three days after notification of the claim.
The Law provides that the plaintiff can include in his claim the possibility of enervating the eviction , that is, leaving it without effect, in the event that the debtor pays what he owes in a certain period, not less than fifteen days, and may even plant Some removes or eliminates interest to facilitate the agreement.
On the other hand, if the guarantor was reliably claimed prior to the presentation, as we have seen previously, he may also be included as a defendant.
In the event that the tenant formulates opposition, day will be indicated for the trial after which the corresponding will be decided by the judge.
In the lawsuit, the landlord can request the eviction and the corresponding recovery of the possession of the property of his property and, in addition, the collection of debts
As we can see, the part of the tenant’s expulsion is greatly simplified, but as regards the collection of outstanding debts, we would continue to depend on a judicial execution and the seizure of property and accounts of the lessee that, perhaps, does not have to formally appear as insolvent, so … What to do? Keep reading…
The collection of rental debts with ginfa: the revolution reaches the leasing market.
How can ginfa help collect debts from a rental home?
We have already seen how, despite having simplified the judicial procedure to obtain the resolution of the lease with a tenant who does not pay and the expulsion of the leased property, the difficulties in obtaining the recovery of the amounts left due by the delinquent tenant remain the same and the cost, inconvenience and uncertainties at the time of going to court remains, therefore, the same.
With ginfa the landlord can have a powerful tool for pressure on the tenant , including the data of the tenant and its default in a list that can be consulted openly and free of charge by anyone interested
How can we try to avoid reaching the judicial route and make the most of the possibilities offered by the extrajudicial for the collection of outstanding debts ? The answer we give is simple and, at the same time, innovative: extending the use of delinquent files to any lessor, natural or legal person, real estate or private, market professional or owner without more, who is suffering a case of default that fails to resolve in a friendly way.
With ginfa the landlord can have a powerful tool for pressure on the tenant , including the data of the tenant and its default in a list that can be consulted openly and free of charge by any interested party to print on their shoulders the necessary pressure to urge them to satisfy what you owe if you want to stop suffering the damages arising from being included in a delinquent file. And not only that: With ginfa, landlords will be able to include in their contracts what we call the “safeguard document” , which is a document that informs the next tenant of the right to show their solvency status in the delinquent file and you are warned that, in case of breach of your payment obligation, you must accept that it be included in it. In this way, it is possible to dissuade potential delinquents from contracting with those who know they should not and the way for the collection of debts in the future is facilitated.
What does the landlord have to do to have ginfa services?
ginfa has tried to make it easier for any landlord in any part of the country to use the file in a comfortable, simple and non-moving way. The idea is to use the ginfa website to include the data on the debt and the documentation proving the default. From here, it is intended by ginfa to comply with that progressive system recommendation that we previously explained:
First, an initial contact is made with the debtor to check his reaction by informing him of our action in debt collection and, if it is not adequate, a formal requirement is sent that, not only may be by burofax , as we have been advising, but also by notarial requirement , contributing even more guarantee and weight to the claim. This done, if the debtor does not enter into reason, their data related to non-payment in the delinquent file is published and a notification is sent by certified letter, reminding him of the damages that he may suffer from continuing in that situation.
The idea is to use the ginfa website to include the data on the debt and the documentation proving the default
In ginfa, in addition, it is not necessary to associate or pay periodic fees for this service to be available. Withdrawing from it does not entail any penalty and there is no other expense other than the price, to be paid only once, more than adjusted, without prejudice to the existence of bonuses and special modalities, designed for rental professionals.
As it is intended to cover all existing recovery possibilities, many complementary actions and additional possibilities are offered, reasons that allow us to reaffirm our idea that we are facing the revolution in the collection of rental debts .