I am a tenant and the landlord wants to kick me out, what do I do?

This is a fairly common situation. Either because the tenant did not comply with any of the aspects established in the contract, because the opportunity to sell appeared or because the need to dispose of the house arose, the owner may want to evict his tenant. 

However, on occasions like these, tenants often ask themselves questions such as: if the landlord wants to kick me out, can he do it how and when he wants? Can you demand that I leave from one day to the next? When is eviction legal and when is it not? What rights do I have? In this article we at nphp will tell you about it.

Delays in the payment of rent, works carried out without the consent of the landlord, inclusion of pets when it was not agreed, annoying noise … These are just some of the ways in which tenants of houses tend to miss rental contracts. 

Although they can be grounds for eviction, there are also other situations in which the tenant does not act incorrectly but the landlord wants to evict him. For example, when he, his spouse or one of his relatives needs to have the property for whatever reason. Also when you decide to put the apartment up for sale. However, in all these occasions the tenant has rights in his favor, since it is not at all pleasant to have to abandon a home overnight.

If you are a tenant and the owner of the apartment you rent wants to kick you out, then we will tell you what you can do in each of these situations that we propose. Read on to find out!

The landlord wants to kick me out for being late in paying the rent

The delay in the payment of the rent is the most frequent breach of the rental contract by the tenants. Also, the most common cause of eviction. It is important to mention that the non-payment of a monthly payment is enough for the owner to file an eviction claim. This is provided in article 27.2 of the Urban Leasing Law.

What I do?

Before filing a lawsuit of this type, it is recommended that landlords negotiate amicably with the tenants to demand payment of the debt. As a second instance, they are also advised to send them a bur fax with the same objective. For this reason there will be, at least, two prior notices before reaching the eviction instance. It is best, if possible, to comply with the payment at this time or verbally express to the owner the difficulty in doing so. You can always reach an agreement in these cases and cancel the debt later.

In the event of receiving an admission decree indicating an eviction trial date and another eviction date, the situation becomes more serious. These are the options available to tenants:

  • Staying in the house and not complying with the debt: when the stipulated date arrives, the court staff will access the property and proceed to evict them forcibly. Then he will return possession of the home to the owner or the attorney who filed the lawsuit.
  • Pay the debt and deliver the property: it will not be necessary for the owner to continue advancing with the legal process. It is, without a doubt, the ideal option.
  • Pay the debt and stay in the property: in this case, eviction will be avoided. This type of recourse is called “enervate the eviction action.”
  • Surrender the property and not pay the debt: the eviction procedure will be terminated. However, the owner will continue to pursue legal action for the debt claim.
  • Oppose the claim: the trial will be held on the date stated in the document received.

The owner wants to kick me out because he needs to have the house

Yes, the landlord has the right to terminate the rental agreement if he properly argues that he, his spouse or one of his first-degree relatives needs to use the home. However, can you do it from one moment to the next? No. Let’s see what the law says about it, and how imran khan house loan scheme has eased this law into their contracts.

What do I do if I signed the contract between June 6, 2013 and March 4, 2019?

The article 9.3º of Urban Leases Act (LAU) available until 2019 that:

The mandatory extension of the contract will not proceed if, once the first year of its duration has elapsed, the landlord informs the tenant that he has a need for the rented home in order to assign it to permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for your spouse in the event of a final judgment of separation, divorce or marriage annulment.

The aforementioned communication must be made to the tenant at least two months in advance of the date on which the house will be needed and the tenant will be obliged to deliver the leased property within said period if the parties do not reach a different agreement.

Therefore, in rentals signed between June 6, 2013 and March 4, 2019, the landlord may recover the apartment without having to state the cause in the contract. However, you will not be able to do so until the first year of the agreement has elapsed. On the other hand, if the contract is not in a mandatory extension, but within the agreed term, you will not be able to dispose of the home by necessity until this period of time has elapsed.

In short, if all these conditions are met, the tenant will have no choice but to leave the home. However, the owner is obliged to inform you about his intention to recover the apartment at least two months before.

What do I do if I signed the contract after 03/05/2019?

Article 9.3 of the LAU has been modified by Royal Decree Law 7/2019 and has been read as follows:

To exercise this power to recover the home, the landlord must notify the tenant that he has a need for the rented home, specifying the cause or causes among those provided in the previous paragraph, at least two months in advance of the date on which the housing is going to be needed and the tenant will be obliged to hand over the leased property within said period if the parties do not reach a different agreement.

If after three months from the termination of the contract or, where appropriate, the effective eviction of the home, the landlord, his family members or his spouse have not proceeded in the event of a final judgment of separation, divorce or marriage annulment to occupy this by itself, depending on the case, the tenant may choose, within thirty days, between being replaced in the use and enjoyment of the rented home for a new period of up to five years, or be compensated for an amount equivalent to one monthly payment for each year that remains to be fulfilled until completing five years.

In other words, for those rental contracts entered into after March 5, 2019, the law does provide that the owner shall state in the signed document the cause for which the home must be recovered. In turn, the term that the landlord or his relatives have to occupy the recovered home is three months. Failure to comply with it, the tenant may request to return to the apartment.

The owner wants to kick me out because he decided to sell the house

Yes, the owner can also choose to sell the home at any time, even if the lease is still in effect. However, tenants have several advantages in these cases. Everything will depend on whether they can and want to buy the property or not.

What if I want and can buy the house?

In this case, the tenant has priority over other people who wish to acquire the apartment. Your rights are as follows:

  • Preferential acquisition right: according to article 25 of the Urban Leasing Law (LAU), the tenant has the right to buy the home he rents, enjoying priority over third parties who are also interested.
  • Right of first refusal: the tenant must be notified by the landlord about his desire to sell. In the notice, the latter must include the price and conditions of the sale so that the tenant can decide if he wants to acquire the property. If you are interested, you have thirty calendar days to exercise your right of first refusal.
  • Right of withdrawal: if the owner does not comply with the tenant’s right of first refusal and if the latter is interested in buying, he may still exercise his priority. For this, he has a period of one month in which he can replace a possible buyer.

What do I do if I don’t want or can’t buy the house?

In case of not wanting or not being able to acquire the house, the tenant’s luck will depend on whether the apartment and the signed lease are registered in the Property Registry or not. Let’s see what the possible scenarios are:

  • If the apartment and the rental contract are registered in the Property Registry: when both conditions are met, the buyer of the apartment must be subrogated in the current rental contract and the tenant may continue to live there until the end of the contract. This is established in article 14.1 of the Urban Leasing Law (LAU).
  • If the apartment is registered in the Property Registry but the rental contract is not: in this case, when the sale occurs, the contract will be terminated and the tenant must leave the apartment without the possibility of accessing any type of compensation.
  • If the apartment is not registered in the Property Registry: when this happens, the new owner of the property will have the right to terminate the current rental contract. In other words, when you notify the tenant that they must leave the apartment, the latter must do so. However, in this case, the tenant will have a period of three months to do so and will have the right to request compensation for damages from the previous owner.

The landlord wants to kick me out for another type of breach of the rental contract

In addition to the delay in the payment of the rent, there are other types of breach of the rental contract against which the owner has the right to claim and request an eviction of the tenant:

  • Works: when the tenant makes modifications to the home without the permission of the landlord.
  • Pets: when in the rental contract it is specified that the tenant may not live with animals in the house but does the same.
  • Sublease: when in the rental contract it is established that the tenant will not be able to admit other people in the house to reside regularly but does the same.
  • Annoying or dangerous activities: when the tenant incurs actions that harm others, such as annoying noise, storage of explosive substances, etc.
  • Use for purposes other than housing: when the tenant uses the property for economic or other activities, so that the purpose of housing is no longer the primary purpose.

What I do?

In these cases, there is not much to do. The owner will have the full right to file a lawsuit in court and demand eviction when the tenant does not comply with the provisions of the contract.

However, if you are a tenant and your landlord wants to evict you for any of these reasons, it is important to clarify that the eviction will not occur overnight. As in the first case that we raised, regarding the delay in the payment of the rent, a notification will be sent in advance from the court where the landlord has filed the claim. It will stipulate the dates of the trial and / or eviction. Which is why the team of ehsaas emergency program nadra makes sure that all proper contracts like these ones are in order.