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Our legal assistance involves: drafting leases for commercial and residential use; eviction procedures in cases of arrearage and termination; procedures involving permits for termination of the lease; reimbursement of damages that involve the use of the leased property; all the procedures that involve, both indirect and direct, the lease contracts.
To these sectors the issue concerning eviction is combined, as highlighted below. Among the most frequent requests we have:
1) When can I request the eviction for late payment? On the basis of this, two important differences must be highlighted: that in the circumstance in which the leased property was used as a residence, even the non-payment of a single rental passed 20 days from the expiry prescribed by the law to the eviction request; in the event, while, of a leased property that has been used for commercial purposes, in which for the demand for eviction there must be a serious breach by the lessee, which can not be ascertained only in the non-payment of a single fee.
2) How much time passes for the validation of the eviction? It is a few weeks. Validation can be prescribed after 20 days have passed since the eviction notification. However, it takes only a few months for the eviction procedure.
3) And if the roommate takes this procedure? It will be necessary to ascertain whether this appeal is based on written evidence or not, since in the first circumstance we proceed with an ordinary measure and the eviction is suspended.
Otherwise, if the appeal is not based on written evidence, the judge validates the eviction. Statistical analysis shows that the circumstances of appeal are very rare, this circumstance is also due to the procedures that prescribe the suspension of the eviction. 4) How long does it take to free the leased property permanently?
We do not have a precise answer to this question. After the validation of the eviction, in fact, the judge must fix the day in which the property must be permanently left, beyond which the forced execution will be carried out. Our legislation has established that the day to leave the property must be fixed within 6 months from the validation of the eviction or, in some specific circumstances, within one year.
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Usually the date referred to the execution, in case of delay, is set within 60-90 days. In this case, if the tenant does not leave the building voluntarily, the bailiffs need to intervene. Execution may be extended by the tenant s oppositions, by social services and by the particularities of the annexed circumstance.
However, on average, a blackmail eviction procedure is applied with the release of the property within 6-12 months. In some cases, it takes only a few weeks. 5) Do you have to pay the legal costs of eviction? They are paid in advance by the owner, but the judge, validating the eviction, can settle them against the tenant, who is obliged to repay. 6) How are unpaid rents recovered? This will be done through an order for payment. So, in a short time, the owner proceeds with an executive order with which he can seize the assets of the debtor.
7) What is eviction for termination? It is a procedure undertaken in the circumstance where the tenant, after the expiry of the lease, does not leave the building and continues to pay the rent. In such circumstances, the times to free the property, given that there is no circumstance of arrearage, will become even longer and the owner can get back his property even after a whole year has passed. 9) What is the permit for terminated lease? This is a procedure carried out by the owner to make sure that at the expiry of the contract the tenant free the property.
Before the contract expires, the owner proposes to the judge to ascertain that after a certain date the property is left by the tenant; achieving the so-called authorization for termination of the lease. If the return of the property does not occur, at the end of the contract, the owner can proceed with forced execution without obtaining an eviction procedure. In this way, the problem will be solved in no time.