📋 Tender Overview
In this edition, the rules regarding delinquent tenants were educationally addressed.In the Legal Classroom of the Ministry of Justice and Human Rights (MINJUSDH) in which the topic Delinquent tenants and express eviction in Peru was addressed, the lawyer specializing in Civil and Commercial Law, Victor Raul Ruiz Casanova, detailed the form of execution of Law 30201 that regulates the express eviction process with a future search clause.
The lawyer explained that to apply this rule, the lease contract must be written and have signatures legalized before the notary. The document must have a future acquiescence clause through which express authorization is provided to acquiesce now to the eviction demand in case it is incurred due to the causes of expiration of the contract or due to non-payment. Which leaves the door open for the execution of the eviction with the help of public forces.
He specified that as part of the process, the notarial letter is sent to the tenant informing him of the termination of the contract and the lawsuit is presented to the judge. Once the claim is admitted, the judge orders that the defendant respond to the request within a period of six business days.
If the defendant proves that the contract is in force or that he is up to date with his payments with evidence such as vouchers, the claim is dismissed. But if you do not present the evidence, the judge issues a final order and orders the release. The defendant can appeal this order to a hierarchical superior who, by a principle of plurality of instances, can resolve the process.
For express eviction, the owner cannot invoke causes such as improper use of the property, subletting or deterioration of the property, since his claim would be declared unfounded.
It is important to note that the MINJUSDH Legal Classroom is broadcast biweekly on the YouTube channel of the Ministry of Justice and Human Rights.
You can see the last class at this link: https://www.youtube.com/watch?v=o17ejPITWo4
