2023-12-09 12:00:03
What happens if the tenant does not leave the apartment at the end of the rental period? The owner of a home or premises can request the eviction of the tenant for various reasons, among which is the termination of the rental contract.
Therefore, it is essential to correctly know the end date of the contract, since before that moment an eviction lawsuit cannot be filed for this reason, although it can be filed for other reasons, such as the tenant stopping paying the rent.
If the rental contract ends, can you kick out the tenant?
Lease contracts can go through three phases: initial duration, extensions and tacit renewal.
Initial duration of the rental contract
The initial duration is usually one year, extendable, but it can also be two, three or more years. In the case of premises lease contracts, the initial duration is usually longer, two or three years.
According to article 9 of the Urban Leasing Law (LAU), which regulates the duration of rental contracts, the rental term is agreed between the parties. If it is less than five years, or seven when the landlord is a company, the contract will be automatically extended each year until it reaches five or seven years, unless the tenant gives 30 days’ notice that they do not wish to renew it.
Rental contract extensions
Once the initial duration of the contract ends, it goes into extension. The extension is a right of the tenant, so the owner cannot prevent it. The duration of the extensions is one year, but they can be successively extended up to a maximum of three years (for habitual residence contracts signed before March 6, 2019) or five years (for habitual residence contracts signed as of March 6, 2019).
Tacit redirection
If the contract is not terminated for any of the reasons provided for in the law (compliance with the notice periods to terminate the rental), the tacit renewal occurs, which is an automatic extension of the contract for one year. It can occur indefinitely, until one of the parties decides to terminate the contract.
To avoid tacit renewal, the owner must inform the tenant of his desire to terminate the contract before the term expires. This communication can be made by any reliable means, such as burofax.
If the tacit redirection is not avoided, the The landlord may not evict the tenant during the extension period. To do this, it is recommended to communicate again your desire to terminate the contract, at least 70 days in advance of the end date of the extension.
In lease contracts for commercial premises, there is no tacit redirection. Therefore, the landlord can request the eviction of the tenant at the end of the contract term, without having to communicate his desire to terminate it previously.
How to kick out a tenant with an expired contract?
He eviction process due to termination of contract It begins by filing a lawsuit by the landlord. The demand must be accompanied by the lease contract and must be signed by a lawyer and attorney.
Once the claim is filed, the court must admit it for processing. After doing so, the court notifies the claim to the tenant, who has a period of 10 business days to oppose it.
If the tenant does not oppose the lawsuit, the court will issue a ruling and order the eviction. If the tenant objects to the lawsuit, a trial will be held.
Once the day set by the court for the eviction has arrived, it is time to carry it out. Eviction, technically, is called “launching.”
The attorney, two members of the court, the owner (if he so wishes) and a locksmith appear at this event. In certain cases, police involvement may also be necessary.
Once the act has been carried out, the members of the court fill out a document called “launch minutes”, which records everything that happened. This document also reflects in writing that the court delivers possession of the home or premises to the owner.
How many days is a tenant given to vacate?
In order for the tacit extension not to be applied and the rental to be renewed in the case of contracts signed on or after March 6, 2019, the owner must give the tenant four months’ notice before the end date of the contract.
Contract termination letter Word and PDF
Can download the rental agreement termination template that best suits your situation:
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