New decree allows landlords to invoke ordinary justice for evictions in some cases
The Minister of Housing and Territorial Planning ( Miviot ), Rogelio Paredes , announced on Wednesday Executive Decree No. 411 of December 31, 2020, which modifies articles of 145 and 314 , which regulates measures on leases, processes of launches and evictions during the State of Emergency, allows landlords to invoke ordinary justice for evictions in some cases.
He reiterated that through this decree it is established that protection is maintained for those citizens who have been affected by the pandemic and do not have the resources to pay the rent, and can demonstrate this condition.
He clarified that it is excluded from this benefit, any tenant who has already been reinstated to his job, who was working during the entire State of Emergency, or is engaging in another activity that is not the one he initially performed.
He explained that in the event that a person who is not economically affected by the State of Emergency does not comply with the payment of his lease commitment, the lessor may exercise the respective actions and demands before the competent administrative and judicial jurisdiction, to make effective their rights, while the tenant must present evidence of their involvement and demonstrate that condition, otherwise the eviction could be proceeded.
In this sense, they may present as evidence some documents such as the affidavit before a notary public in which they state the decrease in their income, the closure of businesses, the suspension of work or the termination of the employment relationship; or letter from the employer certifying the suspension of work, letter of dismissal, mutual agreement of termination of the employment relationship, or certification of an authorized public accountant stating the decrease in income or the closure of business.
They should not continue to be covered by the decree that allows rents to remain unpaid, because here the burden is being borne by the landlord and so far there has been a solidarity of 9 or 10 months on the part of the landlords, but some tenants were abusing and Others who have told the companies do not report to me because that way I continue to receive the digital voucher and this play alive is not correct. So what we are looking for with 411 is that the landlord can invoke ordinary justice and if the tenant does not show that he is really still affected then he can take the respective action or invoke ordinary justice for the eviction, Paredes explained.
He clarified that it is excluded from this benefit, any tenant who has already been reinstated to his job, who was working during the entire State of Emergency, or is engaging in another activity that is not the one he initially performed.
He explained that in the event that a person who is not economically affected by the State of Emergency does not comply with the payment of his lease commitment, the lessor may exercise the respective actions and demands before the competent administrative and judicial jurisdiction, to make effective their rights, while the tenant must present evidence of their involvement and demonstrate that condition, otherwise the eviction could be proceeded.
In this sense, they may present as evidence some documents such as the affidavit before a notary public in which they state the decrease in their income, the closure of businesses, the suspension of work or the termination of the employment relationship; or letter from the employer certifying the suspension of work, letter of dismissal, mutual agreement of termination of the employment relationship, or certification of an authorized public accountant stating the decrease in income or the closure of business.
They should not continue to be covered by the decree that allows rents to remain unpaid, because here the burden is being borne by the landlord and so far there has been a solidarity of 9 or 10 months on the part of the landlords, but some tenants were abusing and Others who have told the companies do not report to me because that way I continue to receive the digital voucher and this play alive is not correct. So what we are looking for with 411 is that the landlord can invoke ordinary justice and if the tenant does not show that he is really still affected then he can take the respective action or invoke ordinary justice for the eviction, Paredes explained.