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What is the meaning of Eviction? Concept and Definition of Eviction


Definition of homelessness

Desahucio: Definición, Concepto, Significado, Qué es Desahucio

1. Concept of eviction

Eviction is the name that receives the notice of completion of certain contracts of successive tract, such as leasing and the employment contract.
In Spain, the legal term eviction is used when it comes to deprive the tenant of the possession (use of the property) by means of a judicial decision by a breach of the lease (non-payment of rent or any other contractual breach).
Sometimes eviction is used as synonym of eviction or compensation for dismissal, since a court order of eviction is intended to the eviction of the tenants of a housing. In Spain, the term eviction is used to refer exclusively to the eviction of the tenants of a house or commercial premises by court order.
The Act that is physically evicting the occupants of the House or premises, is called launch. To come: a locksmith, to retake possession of the property, and the owner together with a representation of the court proceeding to enter the property (if it is necessary by force and change the lock or padlock).

Eviction express

The eviction Express, a modification of the urban leases law and the Civil procedure law entered into force in November 2009. The new law is created with the aim of promoting rental in a context of real estate crisis creating mechanisms to faster and more effective in the event of late payment or non-payment of the rental of the property. The advantages granted the eviction Express are:
• The waiting time since the landlord makes reliable order for payment to the tenant (through burofax) up to the presentation of the demand low two months one.
• The landlord may include in their demand for eviction for non-payment or expiry of contract its commitment to forgive all or part of the debt and costs in Exchange for the voluntary eviction. The minimum term that can be so abandon the housing from the notice of demand is 15 days, before it was one month.
• Provides notice of demand. If it cannot be delivered to the tenant demand for eviction for non-payment or expiry of contract or claim for income or amounts due, shall be, without further formalities, to announce the subpoena in court.
• The claim of income or amounts due following verbal judgment procedures without having to attach it to the petition of eviction.
• The judgement of eviction for non-payment or expiry of contract shall set the date of the release and will be enough to evict the defendant on the day and time designated in the judgment or the date set in the subpoena. There used to an Executive demand to make it effective.
• Before the landlord could only claim the floor before reaching five years of rent if I needed it for their own use, now you can also ask for their parents, children or spouse in the event of divorce or marriage annulment. It should be noted in the contract.
• Recently with law 37/2011, have been introduced variations to the process of eviction that benefit all they have achieved is to avoid many trials, but that in general it is harm the rights of the lessor, for more information I recommend reading the following link about eviction Express

2. Meaning of eviction

The eviction is a term closely linked with the economy but from the point of view of the lease. Eviction involves eviction of a tenant of a residence, local or physical property that is considered as a rental. There are countries which support laws so that the eviction is not an arbitrary measure, on the other hand are offered both parties a measure of solution to make the dissolution of the contract regarding the needs of everyone, however, countries with serious economic depressions have not been able to control the situation. Eviction generically represent a decay of the stability in the person from the housing and economic point of view is also used in a discussion that in certain places to make mention of one person without force as a consequence of a disease.
Europe real estate eviction is one of the most nominees around the world. In years past, countries like Spain, Portugal and Italy have been involved in serious economic crises, which are joined by real estate crisis with eviction by landlords demanding most of the times for nonpayment of the immediate eviction of the residences, as this, to brought a strong wave of protests by the above-mentioned countries in requiring local governments and organizations that monitor the economy worldwide to seek solutions to the masses unprotected people as they lose their jobs because of breakdowns of the economy and many more.
Evictions are considered an attack against humanity, in Europe reported cases of suicides, murders of landlords and hundreds of arrests, the desperation of someone who is on the street by a stranger to any blame measure is truly ironic. Many people in quality of appealing are living in shelters and apartments provided by religious institutions or charities for people without protection, women and children have some preference while assigned to men a task to make the roof for a night, maybe hours, the truth is that the eviction is one of the evils of society more dormant over the last 20 years.


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