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Tenancy order or eviction? Which is the correct option?
[/vc_column_text][us_separator][vc_column_text]It's common for doubts to arise regarding the procedure to follow if eviction is required in a rented property. Eviction is often spoken of indiscriminately at a popular level; however, there are subtle differences between the two processes, which need to be clarified so that the landlord is clear about what type of procedure they need to initiate for their intended purpose.Tenancy monitoringIn the case of a rental order, Costa Rican law establishes that it is admissible when there is a lease agreement signed between both parties or the existence of periodic payment receipts that prove the tenancy relationship. The grounds that can be invoked in this type of process are: 1. Expiration of the term, when it is proven that the tenant expressed their intention not to renew the contract in writing; 2. Non-payment of rent or utilities; and 3. Non-payment of condominium expenses, when stipulated in the contract. It is important to note that this process entails a more expeditious process, since its admission entails an eviction order; and it has certain advantages, such as the preventive retention of the defendant's assets to guarantee payment of outstanding rent or utilities. Eventually, the defendant, in this case the tenant, could oppose the process, alleging payment verified in writing, statute of limitations, lack of obligation to pay rent, or failure to comply with the deadline. Once the eviction order becomes final, meaning there is no opposition from the defendant within the time period indicated by the Court, the landlord could, incidentally, arrange for payment of the unpaid rent or services and/or expenses not covered by the tenant. Another way to guarantee payment of these outstanding items is through an inventory of the assets located in the leased property, of which the landlord will indicate which must remain on-site as collateral.Eviction summaryRegarding eviction proceedings, it is important to clarify that this type of process is not only applicable to the tenant, but also to the subtenant, the assignee, or the possessors of the property to be vacated. These processes are slower than the lease payment procedure, as they involve a single hearing and then await the issuance of a judgment. If the judgment is favorable to the tenant, the defendant will be ordered to hand over the property within a reasonable period of time. In these cases, it is necessary to refer to the General Law on Urban and Suburban Leases, which establishes the cases in which eviction proceedings are applicable, as follows: 1. Expiration of the term, that is, upon expiration of the minimum three-year lease period established by this law; 2. Termination of the lease due to the expiration of the right of the usufructuary or fiduciary; 3. Termination of the contract due to the tenant's breach of obligations, whether in payment, in the use of the property, in the duty to keep the property in good condition, abusive use of the property, or not allowing the landlord to inspect the property, among others; and 4. Room for personal use or that of family members, or a new construction. It is clear that the quickest and most convenient route for the landlord is the rental monitor; however, this will depend on whether or not there is a lease agreement that allows us to resort to this option. In any case, it is always recommended to seek proper advice from a lawyer specializing in the matter who can guide you in the best way. [/vc_column_text] [us_separator] [vc_column_text] Written by: Lic. Alexa Narváez [/vc_column_text] [/vc_column] [/vc_row]
