Express eviction – What is it, definition and concept | 2022

This civil process intends that an owner who has legitimate title to real estate, usually a home, recover his possession, which he has lost. This possession that he has lost comes from a lease agreement with another party.

What happened? That the party that was enjoying the dwelling and that had a lease contract has breached it, failing to pay. Or that this contract has come to an end and the person does not leave the house.

More specifically, the express eviction, as its name suggests, follows a special and summary process, this means that deadlines and defense options are reduced for the defendant. It allows claiming a quick eviction from the home of people who are in possession of it without just title. It is shorter than an ordinary eviction process, although ultimately it depends on the speed with which justice acts.

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The parties involved in this process are:

  • a) Active legitimation – Who initiates this eviction? The person who has a fair title to the real estate, that is, the owner.
  • b) Passive legitimation – Who is this process directed against? Against those who own property without fair title. The express eviction can be directed against two groups:
    • People who began their possession of real estate through a lease. This has ended and they have not abandoned the good, or they have breached it and have not abandoned it either.
    • People who own real estate without a contract. Those known as “squatters”.
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Objectives of express eviction

The main objectives are:

  • Shorten the terms for the owner/landlord of the dwelling when pursuing the eviction of tenants. That is, the eviction of the property.
  • Make launch errands shorter. These proceedings are the signal to which the police, the court clerk and the lawyer of the party filing the eviction claim to the property go so that the people who own the property are evicted. Likewise, it speeds up the claim for unpaid monthly installments of the lease.
  • Gives the option to forgive the debt. How? The person who occupies the property without just title can abandon it, restoring his property right to the tenant and thus freeing himself from the debts contracted for non-payments.
  • It gives the option of stopping the entire eviction process if the illegal tenant pays all the debts.
  • This process may be suspended if it is shown that the person occupying the dwelling illegally is in a situation of social vulnerability.

How does this procedure start?

This procedure, like any other judicial process, begins with the filing of the lawsuit. This lawsuit is the main document to be able to bring this non-judicialized conflict before a judge to resolve it and evict the people who have illegal possession. It must be signed by a lawyer and in the case of Spain also by a solicitor.

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