Legal advice and legal defense


    When can an eviction procedure be started?
    Eviction consists of expelling the tenant from the property, and can be started against a debtor tenant if there is a delay of a month in paying the rent. The tenant has the option of rendering this action ineffective by catching up on the amount due and continuing to pay the rent normally. Eviction is provided for in article 114, rule 1 of the Revised Text from 1964 for contracts agreed before January 1, 1995; and in article 27.2 LAU 29/1994 for subsequent contracts; with the procedure being found in in article 250.1.1 of the Civil Procedure Law. In its Judgment of July 24, 2008, the Supreme Court established the doctrine that “the landlord is not obliged to accept the tenant being behind ordinarily in the payment of rent”. This implies that both a delay in paying the rent and not paying the rent are a cause for eviction. Finally, it should be noted that after eviction you can still claim the amount owed, as well as additional expenses, e.g. taxes, fees, services and supplies, that the tenant agreed to pay in the contract.
    The importance of making a will
    A will is a document stating the wishes of a person after their death, and can specify the distribution of assets (the most common) as well as other religious dispositions or recognition of children, among others. It is a tool that helps in making decisions and removes conflict between family members when the person is no longer present.   The Spanish Civil Code – as well as the Balearic Compilation - establishes the heirs to the deceased’s estate in the absence of a will: the relatives of the deceased, the widow or widower and the State (or the Balearic Islands Autonomous Community territorial administrations). The will entitles the person to name his or her heirs and determine the part of the estate destined for each.   However, it must be remembered that, even if a will has been granted, both the Civil Code and Balearic Compilation establish a set of people who have a forced heirship right; that is, a portion varying between a third, a half or two thirds of the estate is reserved for certain people and a usufruct is also granted in differing proportions to the widow or widower.   However, the entry into force of Regulation (EU) 650/2012 has given an “escape valve” for those persons also covered by legislation different to that of their habitual residence. It allows the person to choose under which legislation he or she wants the succession to be governed; that is, either the Spanish or that of his or her own nationality, which is of special interest to foreigners granting a Spanish will. A Spanish will cannot revoke one granted previously in another country if this is stipulated in the document.

Agote diez abogados

Agote Diez Abogados is a law firm founded by Elena Agote Diez in 1993. Its offices are in Portals Nous, Mallorca (Spain), and its working model is based on personalised advice for each client.

Our years of experience combined with continuous professional training mean our staff at Agote Diez Abogados propose innovative, effective, comprehensive and individualised legal solutions to the problems and issues raised by our clients.

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