What compensation is provided for tenants who are evicted from a rental dwelling?

It is common for landlords to want to use the dwelling for their own use or that of a family member after renting it out for a while. However, is it possible to evict a tenant if the property is needed? When signing a rental contract, there are certain obligations and rights that both parties agree to uphold. Therefore, if these obligations are not met or the rights of either party are violated, the affected party may benefit from this. If someone wants to evict a tenant from the property that as a landlord is renting, the landlord need to pay attention to two situations regulated by the Urban Leases Act.

1. Breach of obligations derived from the rental contract by the tenant

Article 27 of the Urban Leases Act regulates the breach of obligations resulting from rental contracts. Thus, it is stipulated that the landlord can dissolve the rental contract if the tenant breaches any stipulated clause. The landlord could evict a tenant for the following reasons, among others:

• Non-payment of rent.

• Non-payment of the security deposit or its update.

• Unauthorized subletting or assignment.

• Intentional damage caused to the property or works carried out by the tenant without the landlord’s consent when such consent is necessary.

• Conducting disruptive, unhealthy, harmful, dangerous, or illicit activities within the dwelling. Of course, these activities must be proven to occur and be sufficiently significant.

2. The landlord’s need for the dwelling

Article 9.3 of the Urban Leasing Law Urban Leases Act outlines the following conditions:

• At least one year of the contract must have elapsed if the landlord is an individual natural person. To do so, the landlord’s need for housing must be demonstrated. It should also be noted that evicting a tenant before a year has passed is illegal.

• The contract must explicitly state the need for the tenant landlord to occupy the rented dwelling before the course of five-year term expires, to use it as a permanent residence housing for themselves, for their first-degree relatives by blood or adoption, or for their spouse in the event of a final judgment of separation, divorce, or marriage annulment.

• The tenant must be informed at least two months in advance of the need for the rented dwelling. This notice must include essential information and comply with minimum legal requirements. It is important to note that most of these notices often do not meet the legal requirements, and if they do not, they are invalid.

• If the contract has expired, or if the dwelling has been effectively vacated, the landlord or their relative must move into the dwelling within the following three months. If not, within 30 days, the tenant may choose to:

  1. Resume the use and enjoyment of the rented property for a new term of five years and be compensated for incurred expenses.

  2. Be compensated with an amount equivalent to one month’s rent for each year remaining until the five-year term is completed to complete five years.

However, if the occupation has not occurred due to force majeure, this does not apply, but it must be verified that a force majeure event has indeed taken place.

What to do if I am a tenant and I do not want to leave the property?

A lawyer can review whether all legal requirements for eviction have been met are met to force you to vacate the house or if they have not, giving whether they are not and therefore you have the right to remain in the property it.

What to do if the tenant refuses to vacate the dwelling?

You must gather all related evidence, consult with a lawyer, file an eviction lawsuit for breach of contract, and wait for the judge’s ruling.

What happens if the tenant does not vacate the dwelling and the landlord sues them?

Certain circumstances will influence whether the ruling is in favor or against the landlord. Therefore, among other things, the following factors must be considered:

• Ownership of another property in the same building.

• No need for housing on the part of the landlord.

• Failure to prove ownership of the dwelling.

• The tenant has fulfilled all contract obligations.

• The contract does not include a clause clearly stating that the owner can reclaim the dwelling in case of need.

It is important to note that the Urban Leases Act changes frequently, so if you find yourself in a situation like the one explained here, you should hire a lawyer that helps you and explains to you how the law would apply to your specific case. An internet article will never constitute sufficient legal advice due to the general nature of articles and the specific nature of each legal case.