Saturday, June 27, 2009

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COULD AN EVICTION ACTIONS BEFORE THE EXPIRATION OF THE LEASE?

judicial practice, unfortunately, is pointing out a number of years, that some tenants are only concerned with raising money to pay the first conductive mercy and to leave as security, payment of 1 or 2 months lease, thus encouraging many homeowners to access they lease their premises, land, apartments or houses , believing the latter, which held that a legal act, I mean having an extra monthly income to cover some needs personal, HOWEVER, with the passing of days or months, some Tenants say they have made the business of the year because no matter if they occupy buildings in the populous districts or so-called A1 residences, the truth is that these few tenants, often tell some owners or landlords that have elapsed while 2 months and 15 days unpaid , you can not evict for nonpayment also, if I have a warranty of 02 months because the rent is not charged there, especially if I am currently going through a difficult economic situation.
ie, put serious strain on many homeowners and renters and that is why, in some districts not populous, is appreciating, that some property owners, demand that the tenant is a natural person or legal entity, have an endorsement that has vehicles or property free of liens or attachments, or provide guarantees in gold jewelry, but the vast majority of owners not wanting or not to rely on the advice of an attorney , sometimes forget not to extend the lease receipts issued by the formats of the National Bank, which could be helpful , or even write their own letters of attorney , believing it is simple and is not required to state specific legal provisions in force, hence, often, instead of arriving in good port drift is . As
consists of many litigants, currently in most civil litigation matter, is a prerequisite, to engage an Extrajudicial Settlement Center free or paid, which in most cases is lacking in a malicious way the called or whether that condition, wants to impose its conditions for not reconcile, and hence this legal institution, almost always harms the person concerned, either economically or because further expands the discomfort of the person concerned to delay the judicial process and where you have to even deal with the caseload called, and if the subject or victim, in this case, the owner of the leased asset, faced with a disabled or sporadically Attorney litigates and loses its process, then, is almost certain to renege on all the lawyers, because improperly equate .
Hence the importance of legal advice from a registered lawyer, Enabled, and Specialized has been spent on the case of uninterrupted and above all, treats in his office and not the house you or only cited in local courts, because it could be a victim of scam .
While the above considerations, in order to prevent disaster and to answer the question asked, I inform stakeholders, yes, indeed our civil procedural legislation provides for the possibility of suing the eviction before the lease vencimiemiento , executing the sentence only after the contract expired, which, you could save time and money, and even you could start the process from the day after signing the lease, but always with the assistance of a lawyer of his choice and following the recommendations listed above.
DR. HIDALGO VALERIANO MAMANI
28595 CAL
JIRON ICA OFFICE 338 218 Cercado de Lima

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