Eviction letter for defaulting tenant

The owner of a property has every right to collect the rental fees set out in the lease. If the tenant proves to be in default, it is good that you first try to resolve the issue in the most peaceful way possible and above all faster and cheaper.

The first move to be implemented by the home owner is to try to contact the tenant by phone and / or email. If the non-compliance exists, at this point it is necessary to put everything in writing and, ultimately, to start the eviction procedure.

If the tenant does not pay the overdue rental fees, he can, first of all, try with written reminders, asking for the payment of the overdue rent (at this link a similar reminder letter ). At this stage you can proceed without a lawyer.

If the failure persists, he can proceed to send the tenant an eviction notice for arrears and simultaneous summons for validation . This is a formal procedure implemented by the owner, this time assisted by his trusted lawyer, which begins with a letter to be sent to the competent court, which intimates the eviction and mentions the tenant to appear before the judge.

Pursuant to art. 661 of the code of civil procedure, when the eviction is established, the jurisdiction is of the court of the place where the property is rented. At least 20 days must elapse between the notification of eviction and the day of the hearing before the judge.

From this link you can download a facsimile of a letter of eviction notice and a quote for validation.

In order for the eviction procedure to start, the contract must be duly registered with the Revenue Agency. In the case of “rent without contract” which, remember, is against the law, because in this way the owner evades the taxes due on the proceeds of the rent, the situation becomes more complicated.

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