Unfortunately it is evicted from your own garage is a practice that is requested very often, but sometimes it is difficult to obtain. Fortunately, however solutions they exist and here we will analyze them in detail.
Eviction of the garage for arrears
The eviction for arrears is the most common type of eviction. It comes into play following a non-payment of the fee and / or ancillary charges.
The law expresses itself clearly regarding it evicted when the rent is bound by a contract. Unfortunately, however, the contractual obligation is not always a sufficient condition for the compulsory release of the property.
According to Civil Code to proceed with the eviction, it is necessary that there are valid reasons.
L’art. 1445 cc states that: “The contract cannot be terminated if the non-performance of one of the parties has had little importance with regard to the interest of the other.”
In other words must to evaluate, from case to case, the actual seriousness of the breach.
The assessment is therefore not based on absolute and static criteria, but rather on a dynamic criterion that takes into account a series of factual and legal elements which, in order to render justice to the protection of the parties’ interests, allows, if adequately applied, to proceed with a balanced assessment of the specific case.
How much does the eviction cost for a box?
First of all we can say that the price of the eviction procedure of the garage it does not have a fixed cost. In fact, it depends on a series of variable factors.
The main costs will be those of hiring of the lawyer, which he will charge based on the actual work he will have to do. In principle, for a validation of eviction worth about one thousand euros where there is no opposition of the defendant, the forensic parameters established by the law indicate as fair a compensation that is around 700 euros, VAT and cash included.
In addition, small expenses must be considered which, even if secondary, if added together, weigh down the bill. For example i notification fees, the revenue stamp (which is of a fixed amount of 27 euros) and the unified contribution. The latter varies according to the value of the case: for example, if the debtor has not paid three months of four hundred euros each, the value of the case will be one thousand two hundred euros; and so on.
The price total in order to proceed with the eviction from the garage hovers around the One thousand Euro.
There is however a way to don’t pay a cent and to get it eviction of your garage for free.
Eviction of the car garage who pays it?
Well sthe. In the case of validation of eviction, the judge can blame the defaulting tenant all the expenses that the owner had to support to evict him.
The eviction from the garage would go from being a demanding expense to not having no cost. The only commitment automatically becomes that of move up the money needed for legal practice.
What are the eviction times? When do you go to a lawyer?
We calculate the eviction timing from moment in which you contact the lawyer, which is recommended to be done as a precaution as soon as the tenant has not paid two months.
Once you have contacted a professional, in a few weeks the judge will validate the eviction. From that moment on, the law provides for the release to take place within 6 months or, very rarely, within 12. Generally in the presence of arrears, the execution date is established within 60-90 days.
Eviction of the box without a contract
How to apply for eviction of the tenant who does not pay the rent of the garage without a contract?
Eviction from a garage without a contract is impossible as the eviction procedure can only be used when there is a valid lease contract.
In the absence of a registered lease, it is never possible to start an eviction procedure for arrears.
Beware of self-protection!
Although some sentences may be unjust (especially in the case in which the request for eviction of the box is declined), taking justice on one’s own without waiting for the help of the State is strictly illegal.
The owner who does justice by himself is therefore exposed to heavy consequences both in civil and criminal matters.
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