Can a landlord kick you out?

When the landlord needs the property

Every day, thousands of people seek to rent an apartment or sign leases to start a new life. Living as a tenant, even if this means not being the owner of the property, gives the tenant a series of rights and obligations that are convenient to know. All of them are established in the Law of Urban Leases and leave resolved doubts as, for example, who must face the repairs of the home or how the privacy of the person who pays the rent has to be.

This means that you will have preference when buying the property if the landlord decides to put it up for sale. However, it is interesting to know that there is the option to agree in the rental contract to exclude this rule.

As a tenant, you will also have the right to ask your landlord to repair everything that is necessary to keep the property in optimal conditions of habitability. The landlord will not be responsible for damages resulting from the daily use you make of your home. Nor for breakage caused by misuse.

When can a landlord throw you out?

No, the landlord will not be able to throw you out and the contract will be extended until the end of the three-year lease. There is no need to sign a new contract or document, since the extension is mandatory and is done automatically, keeping in force all the conditions of the contract.

Who can live in a rented apartment?

It is possible for a third party to enter to live with the tenant: Provided that he/she is integrated in the tenant’s family unit, either by blood or by affinity. When a third party is economically dependent on the tenant. This exception would include domestic employees or employees of social assistance programs.

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When can a tenant be evicted?

When the landlord needs the dwelling to live himself, his ex-partner or a relative of first degree of consanguinity, the contract can be interrupted before the end of the first 3 years, but always after one year has elapsed since the contract was signed.

I am a tenant and my landlord wants to evict me

Ejecting a tenant without a rental contract: 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.

How do you get someone out of a lease?

In order to change the owner of the lease, according to the Urban Lease Law, you must make an addendum to the lease specifying the departure of a tenant and the entry of the new tenant.

What rights do tenants have?

Your rights as a tenant include the right to “quiet use,” a legal term. This means that your landlord cannot evict you without cause or otherwise disrupt your right to live in peace and quiet. If other tenants in your building are bothering you, you should complain to your landlord.

What to do if I am evicted in quarantine?

You should also contact the legal aid office in your area so that they can help you quickly if you get an eviction order. If you receive an eviction order, contact the legal aid office immediately. Find their contact information on the Eviction Resources page.

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Sale of a rented apartment

Surely, most of the people have been involved in a situation in which they are going to rent an apartment without having a written rental contract. If this is your case or is going to be your case in the future, it is important that you know what it may imply. Tenants, in many occasions, wonder if they can be kicked out when living in a rented apartment without a contract. For this reason, we have written this post so that you know everything that living in an apartment without a document regulating the rent entails.

If instead of having a written agreement you have a verbal one, and therefore you have a rental without a contract, the rules for leaving or terminating a contract may vary. Although the current legislation (Ley de Arrendamientos Urbanos) must be applied in the same way, sometimes it is not possible to prove who is right in certain aspects.

Therefore, in order to terminate the lease, you must prove that you are living in this apartment and since when. If you cannot prove this, the tenant can leave the apartment whenever he/she wants. The landlord may ask for the rent for at least the first six months. However, this is a long and costly process in which real proof is needed that there has been an actual tenancy. On the other hand, if it can be proved that there is a verbal rental agreement, the resolutions will take place according to the current regulations and the tenant will be able to leave the apartment once the six months have passed, as long as he/she gives 30 days notice.

Who should be listed on a rental agreement?

The parties: The contract must list the parties, including both the tenant’s and the landlord’s information, i.e., their addresses, ID numbers, nationality, etc. The contract must also list all persons of legal age who will live in the property. In addition, as far as the tenants are concerned, all persons of legal age who will live in the property must be listed.

What happens if one of the tenants leaves?

The landlord can attack all the tenants to collect the rent, while each tenant is liable for the full amount. Leaving the apartment does not change this dynamic: whoever leaves is just as responsible as the others for paying that rent in a timely manner.

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What happens if the tenant does not want to leave?

If the tenant refuses to vacate, an eviction lawsuit must be filed. The landlord must have documents certifying that the property is his, as well as proof that he has notified the tenant. This process should be handled by an attorney.

Tenants’ rights after 5 years

When the lease expires and the landlord does not wish to renew it, the tenant is obliged to vacate the apartment within a previously stipulated period of time. The law obliges the landlord to give the tenant at least 30 days’ notice of his intention not to renew the lease. Otherwise, it is understood that it is being extended, even if not specifically stated.

One of the main obligations of the tenant when renting a house is to pay the rent in the manner and time agreed with the landlord. In case of non-compliance, if he does not reach an agreement with the landlord and refuses to pay the rent, a judicial eviction proceeding for non-payment can be initiated.

One of the reasons contemplated for a landlord to be able to evict his tenant from the rented apartment is that he wishes to sell it. However, there are a number of aspects to consider. First, the tenant has what is known as a right of first refusal. Therefore, it is he who has the opportunity to buy it in the first place.