Failure payment is the most common cause of failure of the lease. In the previous note of warning about the true value of the contract and we anticipate that in this case the consequences will reach also the owner and tenant guarantor.
Already I mean the trials of non-compliance and not a negotiated conclusion of the contract settlement, which is desirable for several reasons the landlord and tenant secured, as by eg 50% can reduce the fees to be borne by each and the last two other expenses of view, of great importance in the final.
However, when it deprives reason in any or all involved, it is necessary to litigate in the courts. In this case is that some accounts will hand raised.
In the previous note I set the value of a minimum monthly rent of $ 760. To this I add that experience shows that generally refers to a lawyer only when the delay is equal to or greater than six months. In this case it is necessary to initiate and continue two trials or judicial proceedings, each of which generates its own fees and costs: a) for the recovery of property or eviction and delivery thereof to the holder or owner b) an executive for rent, interest and penalties owed.
Recovering the use and enjoyment of property by the holder or owner consuming a period of at least nine months to a year counted from the first professional consultation, provided that sufficient security is offered (usually the same building ) and without prejudice to the trial can expend another year. In some other opportunity, I will tell you some reasons for slow justice and therefore unfair.
In the case of the execution for the amounts due for all concepts (implementation of rent), the process can consuming between 24 to 36 months . These times are estimates, since they depend on various factors such as opposing defenses, the degree of slowness of the court you play, the possibility of a transaction, etc.
Assuming that both judgments, eviction and execution of two years rent-heuristics, it is foreseeable that defendants tenant and guarantor (usually the latter, provided that you keep your credit) will face ordered to pay a total of approximately $ 42,000 for principal, interest, legal fees and expenses and court judgments . Also in the event that the guarantee was a building of approximately thirty thousand dollars and it was auctioned experience indicates that the loss to the guarantor will total.
addition, the outlook for the tenant is more serious. No rent to a person who has been sued for nonpayment of rent , besides the loss of the collateral owner.
For the owner or landlord, the picture was more benign, but not optimal . While recover approximately $ 20,000, will have to bear the payment of expenses and taxes for at least a year, the advance fee settlements and costs of the trial, etc., without necessary repairs that cases typically consuming larger amounts than usual.
see, the contract is usual and known, but should be paid attention to the vicissitudes that may occur and, unable to pay, provide for negotiation of a termination by mutual agreement as the most convenient way for both parties , as well, any trial is an emotional cost to the parties that can not be measured in money.
Given the case, hesitate to consult your trusted lawyer.
Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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