Repeal of executive decrees issued during the pandemic by the national government that prohibited the release and eviction processes.
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The Executive Branch, through Executive Decree No. 30 of September 27, 2022, a legal norm which regulatory body consists of three articles, proceeded to repeal the following Executive Decrees issued due to the COVID 19 pandemic; specifically, Executive Decree No. 45 of May 1, 2020, Executive Decree No. 314 of August 7, 2020, and Executive Decree No. 411 of December 31, 2020.

Basically, these decrees prohibited owners and lessors of properties intended for habitation, commerce, industry, education from proceeding with the administrative procedures for launching, due to late payment of rental fees due to the arrears of the tenants.

These decrees empowered the Ministry of Housing and Territorial Planning (MIVIOT), through the General Directorate of Leasing, to register the mutual agreements between landlords and tenants regarding arrears of rent, agreements that would be valid even two months after the National Emergency Status was lifted.

What is recommended to property owners who have not reached written agreements with their tenants?

For the owners of real estate who rented and did not reach their respective agreements with their tenants and these agreements were not registered in the General Directorate of Leasing of the MIVI, the answer is unequivocal, they may take action against them via ordinary civil justice through a lawyer (Courts Municipal Civil, or Ministry of Housing National Leasing Directorate) in order to make effective and decree releases for late payment depending on the amount of the rental fee.

hat are the legal provisions applicable to launch processes?

The eviction processes due to default are regulated in our Judicial Code in articles 1401 and subsequent, which establishes that the eviction process will be decreed in the following cases:

1. When the eviction period has expired without the tenant having vacated the premises.

2. When the tenant is in default in the payment of rent.

2. When the tenant is in default in the payment of rent. What is the procedure prescribed by law in this regard?

The claim will be commenced at the Municipal Judge in writing, accompanied by the certificate of good standing of the property. This claim will be sent to the tenant for a period of 5 days, so that he can verify with his receipt that the payment is up to date. If the period passes without this having occurred, the Judge will order the launch by resolution, and this resolution for compliance will be sent to the Justices of the Peace, who will execute the launch order, with the help of the National Police if necessary.

What is meant by Intruder launch?

They are those launch processes that are aimed at evicting those properties that are occupied by people who do not have a lease contract. The provisions contained in article 1409 of the Judicial Code are applicable to these processes, in these cases the launch demand is filed before the corresponding Justice of the Peace with proof of the public registry of the property right that the plaintiff has, generally the Justices of the Peace serve transfer of said claim and an oral hearing date is set in which the parties attend with their evidence, if the occupier fails to exhibit explanatory titles of the occupation, the corresponding release will be decreed, without prejudice to the legal resources available to the parties in the process.

Is there any way to recover the sums owed for the lease of properties, which the tenants have vacated?

In order for a property owner to recover what is owed in the case of rental fees not received, he will have to go through a lawyer with an executive process against those tenants who are no longer occupying the premises, and who owe arrears, using as an executive title constituting the obligation unpaid rents, as long as you have the lease contract and it is complemented by the provisions of article 1615 ordinal 2, proving the status as owner and lessor of the property and submitting the unpaid receipts in the process.

NOTE: This article is a panoramic presentation that presents general legal information on the topic; of the repealed decrees linked to the lease, and the way to proceed judicially, is not legal advice If you are interested in seeking a specific legal opinion oriented to what is particularly sought; Please write to the email: vlopez@lacgrp.com.

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