Favorable judgement in the process of eviction of tenants in Spain
Berdejo Lawyers obtained in 2015 a favorable judgement from the Juzgado de Primera Instancia of Balmaseda, confirmed by the hearing of Bizkaia, in the process of eviction of tenants that have the option to buy the property leased by a promoting company, a client’s office.
The Spanish procedural law enables a summary judicial process to resolve a lease contract for non-payment. Such process has been reformed by Laws 19/2009, 37/2011 and 4/2013, in order to provide greater agility, to protect owner/landlord credit and encourage rent.
Protection of the tenants that intend to terminate lease early and consideration of the rights and obligations of the parties involved in the lease contract with the option to buy as a complex question, which determines the end of the summary process and speed up the process of obligation to initiate a new lawsuit as the process of the normal trial is much slower and damaging to the owner.
The hearing of Bizkaia in sentences 407/2006 and 232/2012 had already had the opportunity to reject the legal strategy of the delinquent tenants provided the owner – and this is the lesson where you have to gain international investors in this type of business – the lease contract appears perfectly separate to the option to buy contract.
For this reason, the legal advice from Berdejo Lawyers consists in the signing of two independent documents that although interrelated they show the different legal nature of both contracts and therefore the full enforcement of the rights and obligations of each of them, without possibility of confusion.
In the end, the Latin Law displays its force because the golden rule to follow is still in Claris, non fit interpretation.
Berdejo Abogados, Spanish Lawyers in Santander, España
Member of Eurojuris España, international network of Spanish law firms
