¿Conoces la ley "Devuélveme mi casa"?

El 13

Aprende detalles de la ley "Devuélveme mi casa" la cual permite sacar de las propiedades a deudores morosos.

Transcript

00:00You are desperate and it is important to know what your situation is, because you are the owner of an apartment

00:07of which you should be receiving a rent and unfortunately you no longer have that money

00:11and there is also a debt that has been accumulating, not only for the rent but also for the basic services.

00:17And the truth is that your situation is very complicated, because one can understand that the condition of the landlord

00:23maybe he does not have a job, hey, give me a little time to pay you, and you have to understand him.

00:27But who understands the landlord, the owner who needs that money, if that is why this situation is so unfair.

00:33It is something that somehow opens a hope, this law, give me back my house,

00:39but how effective is it at the time of concretizing, Maca?

00:42Yes, the truth is that, well, Claudia, nice to greet you, thank you for sharing your story with us.

00:47The truth is that it is so regrettable, because stories like yours, right?

00:50We hear it practically every day, right?

00:53Finally, the rent law, even as we knew it before this last law, which is give me back my house,

00:58was rather protecting the landlord, so that if he did not pay, the truth is that, well, they were very broad terms,

01:04they gave him opportunities, right?

01:07But finally, we realize, and that is why this law comes out, give me back my house,

01:11which is a law that seeks precisely to support the owner, as is your case, Claudia, that you are the landlord,

01:16in this case the landlord of your house, and you are faced with this,

01:19that you are practically going to fulfill now in September, two years without receiving the payment of what is yours,

01:24you are leasing your property, and you should receive your leasing rent,

01:28and of course not have debt in the basic services, nor in the moon, nor in the water, nor in anything.

01:33And also, if they don't pay you in the last instance, at least give you back the house,

01:37how many times have we listened to the owners who lease their houses and say,

01:41look, at least if they don't pay me, at least give me back the house.

01:44What advances does this law offer us, dear Claudia, for you to pay attention?

01:49I don't know if you are advised by a lawyer or not, but I'm going to tell you what this law advances in.

01:53First of all, it says, if they stopped paying you,

01:57which is the most important thing, and this goes for all the people who own and lease their houses,

02:01if they stopped paying you at least one leasing rent,

02:05it is already, and you validate it, to then go and then file a lawsuit, right?

02:11So that this leasing contract is terminated, and you get your house back.

02:15You don't have to wait two years, or five months, or three months,

02:18because there are many people who don't know this.

02:20They stop paying you once, and you can file the lawsuit.

02:23Now, for the non-payment of the leasing rent,

02:26also for the non-payment of the common expenses, right?

02:30Indeed, the non-payment of the common expenses also legitimizes,

02:33finally, asking for the termination of your contract.

02:35Yes, in this case there are no common expenses.

02:37In this case there are no common expenses, but this works for the people who live, right?

02:42In an apartment, for example.

02:43Of course.

02:44Also, in the case, and this does apply to you, Claudia,

02:47it is in the case that the accounts of the basic services are due.

02:50In this case, you told us that the electricity and water would be due.

02:53And finally, you also said that your house was damaged,

02:58that it also, right, had a broken glass or something like that.

03:01So, also, if you can see that your house is suffering some kind of destruction of the house,

03:06you also legitimize the house to file this lawsuit.

03:09Once the lawsuit is filed, what is the big difference?

03:11You can ask for a precautionary measure that consists in the return of your house.

03:15In the return, because you argue that here, right, there are damages, right,

03:20and imperfections that you can see, even from outside your house.

03:23I think I have been with Marissa, even once, right,

03:26writing a note, Marissa, do you remember?

03:28And that we saw the house really destroyed from the outside.

03:31So, the people, with a tremendous impotence, the owner,

03:34without being able to enter her house and without having an action,

03:37would like to value, right, this return of her house.

03:40Mara, look, and given the possibilities that Claudia has, how to do it?

03:43Because maybe she doesn't have the possibility of accessing a lawyer,

03:47she has to approach the municipality, the judicial corporation, how to do it?

03:50If she doesn't have a lawyer, she can turn to the judicial assistance corporation.

03:53Having judicial representation, she has to file a claim for the term of the lease contract.

03:58In this case, it is quite clear, for not paying the lease rent.

04:01It's that easy.

04:02And it meets all the previous requirements.

04:04Absolutely.

04:05The first thing I would do is to ask, right, this precautionary measure,

04:08which today the law grants to Mrs. Claudia, which is to ask for the return of her house.

04:12And the second thing is that, in addition to the judge,

04:15now there is a procedure that is much faster, much more expedited.

04:19You don't have to wait more than six months, etc., right, to recover the house.

04:22But it will also give a deadline to the tenant,

04:26who is not paying him for ten days to pay the rent,

04:29to pay, right, the basic services that he has not paid.

04:32And if he doesn't pay them within ten days,

04:35he has another ten days to leave the house.

04:38And that is called a release.

04:40And if he doesn't want to leave, he can ask for the public force,

04:43that is, to go to the police to get the person out.

04:46Therefore, if now we look at the deadlines, we are talking about ten days to pay

04:49and ten days to leave his house.

04:52And that's the good thing about this law, give me back your house,

04:54give me back my house in the end,

04:56because in the end you will be able to access a procedure that is monitored,

05:00it is done much faster and expedited to recover it.

05:03Maka, does it only require the public force,

05:05or do you also have to pay for people to be evicted from the house?

05:09What happens is that, first, it is an eviction through a receiver.

05:12That's the truth.

05:13And the receiver has to be paid.

05:14And the receiver has to be paid.

05:15And the truth is that, well, it's not very cheap,

05:18in the end, to pay for that receiver.

05:20But the truth is that with the privilege of poverty,

05:23which is what Claudia should be credited with,

05:25in front of the corporation of judicial excellence,

05:27there are also certain receivers who take turns

05:29and who can do it effectively for free or for free to be able to help her.

05:33Ah, that's good.

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